Understanding the Statute of Frauds in Contract Law: A Complete Guide

Learn what is statute of frauds in contract law, its purpose, key elements, types of contracts, and exceptions in our comprehensive guide.


What is statute of frauds in contract law? The Statute of Frauds is a legal concept that requires certain contracts to be in writing to be valid and enforceable. This reduces the chances of fraud and misunderstanding by providing clear evidence of agreements.

Here are the key points:

  • Certain contracts must be in writing.
  • Aims to prevent fraud and misunderstandings.
  • Not all oral contracts are invalid, but specific situations require written agreements.

The statute’s history began in 1677 in England, promoting clear, written agreements to avoid fraud and disputes. Today, it plays a vital role in contract law across the United States, ensuring certain agreements take shape as written documents.

By requiring contracts like real estate transactions or agreements over $500 to be in writing, the Statute of Frauds adds a layer of protection for all parties involved, reducing the risk of fraudulent or careless claims.

Key aspects of statute of frauds, including prevention of fraud and the requirement that certain types of contracts be in writing to be enforceable - what is statute of frauds in contract law infographic infographic-line-3-steps

The Purpose of the Statute of Frauds

The Statute of Frauds serves several key purposes in contract law. Understanding these purposes helps explain why some contracts must be in writing to be enforceable.

Prevent Fraud

First and foremost, the Statute of Frauds aims to prevent fraud. By requiring certain agreements to be in writing, it reduces the chance that one party can falsely claim an agreement existed.

Imagine you verbally agree to sell your car to a friend for $1,000. If they later deny the agreement, you have no written proof to back up your claim. The Statute of Frauds ensures that significant agreements like this one are documented, making it harder for either party to lie about the terms.

Evidentiary Function

Another crucial role of the Statute of Frauds is its evidentiary function. Written contracts provide clear evidence of the terms agreed upon by both parties. This can be extremely helpful if a dispute arises.

For instance, if you have an email or a signed note detailing the agreement, you can present this document in court to prove your case. This written evidence helps clarify what was agreed upon, reducing misunderstandings and making it easier to resolve disputes.

Cautionary Role

The Statute of Frauds also plays a cautionary role. Requiring a written contract makes parties think carefully before entering into significant agreements. It forces them to consider the terms and conditions thoroughly, reducing impulsive or poorly thought-out decisions.

When you put something in writing, you are more likely to review and understand the terms. This careful consideration helps prevent future conflicts and ensures that both parties are truly committed to the agreement.

By addressing these three key areas—preventing fraud, providing evidence, and encouraging caution—the Statute of Frauds plays a vital role in contract law. It protects all parties involved and ensures that significant agreements are clear, fair, and enforceable.

Next, we’ll dive into the Key Elements of the Statute of Frauds, where we’ll discuss what needs to be included in a written contract to make it valid.

Key Elements of the Statute of Frauds

To understand the Statute of Frauds in contract law, it’s crucial to know what elements must be present in a written contract to make it enforceable. Let’s break down these key elements:

Identity of Parties

The contract must clearly identify all parties involved. This means that the names of the individuals or entities entering into the agreement should be explicitly stated. For example, if John Doe is selling a car to Jane Smith, both names should be included in the contract.

Why is this important? Identifying the parties ensures that there is no confusion about who is involved in the agreement. It also helps in holding the correct parties accountable if a dispute arises.

Subject Matter

The contract must specify the subject matter—the “what” of the agreement. This could be goods, services, real estate, or any other item or action that the contract covers. For instance, if the contract is for the sale of a house, it should describe the property in detail.

Example: In the case of a real estate transaction, the contract should include the address, legal description, and any other pertinent details about the property.

Terms and Conditions

The terms and conditions outline the “how” and “when” of the contract. This section should include:

  • Price: How much is being paid or exchanged.
  • Payment Terms: When and how payments will be made.
  • Deadlines: Key dates, like delivery dates or project milestones.
  • Responsibilities: What each party is expected to do.

Case Study: In a Delaware court case, a doctor believed he had a one-year oral agreement for employment, but the court ruled that since the contract couldn’t be performed within one year, it needed to be in writing to be enforceable. This highlights the importance of clear terms and conditions.


Consideration refers to what each party is giving up or receiving as part of the contract. It’s the “why” behind the agreement. Both parties must provide something of value, whether it’s money, services, or goods.

Example: If someone promises to sell a car for $5,000, the $5,000 is the consideration from the buyer, and the car is the consideration from the seller.

Interesting Fact: The concept of consideration ensures that each party has a stake in the agreement, making it more likely that both will fulfill their obligations.

By including these key elements—identity of parties, subject matter, terms and conditions, and consideration—a contract can meet the requirements of the Statute of Frauds. This helps ensure that the agreement is legally binding and enforceable.

Next, we’ll explore the Types of Contracts Covered by the Statute of Frauds, detailing which specific contracts must be in writing to be valid.

Types of Contracts Covered by the Statute of Frauds

The Statute of Frauds requires certain types of contracts to be in writing to be legally enforceable. Here are the main categories:

Interest in Land

Contracts involving the sale or transfer of land must be in writing. This includes not only the sale of land but also leases longer than a year and other interests like mortgages or easements. For example, if John sells a plot of land to his cousin Martha, they must have a written contract, as seen in the case study where Martha discovered the land was smaller than promised.

Execution Over a Year

If a contract cannot be completed within one year, it must be in writing. This rule is designed to cover agreements that extend over a long period, reducing the chances of misunderstandings. For instance, if you hire someone for a two-year project, the contract must be written to be enforceable.

Collateral Contracts

A collateral contract involves one party promising to pay the debt of another. These contracts must be in writing to be enforceable. For example, if a parent promises to pay their child’s debt if the child fails to do so, this promise must be documented in writing.

Marriage Consideration

Contracts made in consideration of marriage must also be in writing. This includes prenuptial agreements and other promises related to marriage. For example, if Marcy promises to return an engagement ring in the event of a breakup, this promise must be written and signed, as shown in the Marcy and Nicholas scenario.

Goods Over $500

Contracts for the sale of goods worth $500 or more must be in writing. This is particularly important for business transactions. For instance, if Sarah buys a game console from Alex for $550, this agreement needs to be in writing to be enforceable. However, if Alex fails to sign anything, Sarah may find it difficult to enforce the contract, as noted in the Sarah and Alex example.

sale of goods - what is statute of frauds in contract law

These categories ensure that significant agreements are documented, reducing the risk of fraud and misunderstandings. Next, we’ll discuss Exceptions to the Statute of Frauds, where even oral contracts can sometimes be enforceable.

Exceptions to the Statute of Frauds

Even though the Statute of Frauds requires certain contracts to be in writing, there are notable exceptions where oral agreements can still be enforceable. Let’s explore three key exceptions: Admission, Performance, and Promissory Estoppel.


Admission occurs when the party against whom the contract is being enforced acknowledges in court that an oral agreement existed. This acknowledgment can make the contract enforceable, even if it wasn’t written down. For example, if during a trial, Alex admits under oath that he agreed to sell a game console to Sarah for $550, this admission could make the oral contract enforceable.


Performance refers to situations where one party has already fulfilled their part of the agreement. Courts often recognize this partial or full performance as evidence of a contract. For instance:

  • Partial Performance: If a contractor starts building a custom kitchen based on an oral agreement and the homeowner tries to back out, the court may enforce the contract because the contractor has already invested time and resources.
  • Full Performance: If Sarah pays the full $550 for the game console and Alex delivers it, the oral contract is considered fully performed and thus enforceable.

Promissory Estoppel

Promissory Estoppel is a principle that prevents one party from backing out of an agreement if the other party has relied on that promise to their detriment. It’s about fairness and preventing injustice. For example:

  • Case Study: Suppose a homeowner orally promises a painter a job, and the painter buys expensive paint and starts the work. If the homeowner then tries to cancel, the painter could invoke promissory estoppel to enforce the agreement or seek compensation for the work done and materials purchased.

These exceptions ensure that even without a written contract, parties can still seek justice when they have reasonably relied on oral agreements. Understanding these exceptions can help you navigate situations where the Statute of Frauds might otherwise render an oral contract unenforceable.

Next, we’ll look at Understanding the Statute of Frauds Through Real-Life Scenarios, where we’ll dive into practical examples to illustrate these concepts further.

Understanding the Statute of Frauds Through Real-Life Scenarios

Understanding the Statute of Frauds can be tricky, but real-life examples make it clearer. Let’s explore how this legal doctrine applies in different situations.

Real Estate

Imagine Jane wants to buy a piece of land from Bob. They discuss the terms and shake hands on the deal. However, Bob later changes his mind and refuses to sell. Because this involves the transfer of an interest in real property, the agreement must be in writing to be enforceable under the Statute of Frauds. Jane can’t enforce the oral agreement in court since there’s no written contract.

Oral Contracts

Oral contracts can be binding, but they often face challenges under the Statute of Frauds. For example, if Lisa verbally agrees to work for Tom’s company for two years, this contract must be in writing. If Tom tries to fire Lisa after one year, Lisa can’t enforce the two-year term because the agreement wasn’t written down, making it unenforceable under the Statute of Frauds.

UCC Statute

The Uniform Commercial Code (UCC) also has a statute of frauds provision. For instance, if a retailer verbally agrees to buy 1,000 widgets from a manufacturer for $5,000, this contract must be in writing because it involves the sale of goods over $500. If the manufacturer delivers the widgets and the retailer refuses to pay, the retailer could argue that the contract is unenforceable due to the lack of a written agreement. However, if the retailer has already accepted some of the widgets, the court might enforce the contract for the goods received.

One Year Rule

Contracts that cannot be performed within one year must also be in writing. Take Dr. Smith, who verbally agrees to a consulting contract with a hospital for 13 months. The hospital later decides to cancel the agreement. Under the Statute of Frauds, Dr. Smith can’t enforce the oral contract because it exceeds one year and wasn’t written down.

On the other hand, if Dr. Smith had agreed to a consulting contract for 11 months, the Statute of Frauds wouldn’t apply, and the oral agreement could be enforceable.

These scenarios show how the Statute of Frauds operates in real-world situations. Written agreements provide clarity and protect against misunderstandings. When in doubt, always put your agreements in writing to ensure they are enforceable.

Next, we’ll answer some Frequently Asked Questions about the Statute of Frauds to further clarify this important legal concept.

Frequently Asked Questions about the Statute of Frauds

What are the 4 rules for the Statute of Frauds?

  1. Written Evidence: The agreement must be in writing.
  2. Essential Terms: The writing must include the essential terms of the contract.
  3. Signature: The contract must be signed by the party against whom enforcement is sought.
  4. Intent to Contract: The writing must show that the parties intended to enter into a contract.

These rules ensure that certain types of contracts are clear and enforceable. For example, a contract for the sale of goods worth $500 or more must include these elements to be valid.

What is the primary purpose of the Statute of Frauds?

The primary purpose of the Statute of Frauds is to prevent fraud and misunderstandings in significant agreements. By requiring certain contracts to be in writing, it ensures that both parties are clear about their obligations and terms. This helps avoid disputes and provides a clear record that can be referred to if disagreements arise.

What are three exceptions to the Statute of Frauds?

  1. Admission: If the party being sued admits in court that a contract was made, the contract may be enforceable even if it wasn’t written.

  2. Performance: If one party has already performed their part of the contract, this can make the oral contract enforceable. For instance, if a seller has delivered goods and the buyer has accepted them, the contract may be upheld.

  3. Promissory Estoppel: If one party has relied on the promise of the other to their detriment, the court may enforce the contract to avoid injustice. This means if you acted based on the agreement and would suffer harm if it wasn’t enforced, the court might uphold the contract.

These exceptions ensure that fairness is maintained and that parties cannot exploit the Statute of Frauds to escape their obligations.


Understanding the Statute of Frauds is crucial for anyone involved in contract law. This legal concept ensures that certain types of agreements are in writing, providing a safeguard against fraud and misunderstandings. At Moton Legal Group, we believe that knowledge is power, and we strive to empower our clients by making complex legal topics accessible and straightforward.

The Statute of Frauds serves multiple purposes. It prevents fraudulent claims, provides clear evidence of agreements, and encourages parties to think carefully before entering into significant contracts. By requiring written documentation, it adds a layer of security and clarity for all parties involved.

However, navigating the intricacies of the Statute of Frauds can be challenging. Various exceptions and jurisdictional differences can complicate matters. That’s where we come in. At Moton Legal Group, we specialize in contract law and are here to help you understand your rights and obligations under the law.

Whether you need assistance drafting a contract, reviewing an existing agreement, or resolving a dispute, our team is here to guide you every step of the way. We offer comprehensive contract review services to ensure your contracts are legally sound and tailored to your specific needs.

For more information on how we can assist you with your contractual needs, visit our contract review service page. Let us help you build the foundation for your business’s success.

By understanding and properly applying the Statute of Frauds, you can protect yourself and your business from legal pitfalls. At Moton Legal Group, we’re committed to providing you with the tools and knowledge you need to navigate the legal landscape with confidence.

For more information Call:


Reach Out Now

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Recent Blog Posts: