Agreement Within Statute Of Frauds

But we can achieve the same result by another way. We can say that the plaintiff`s trust prevents the defendant from applying the fraud law as a defense. This is how the promise can ultimately be kept. This is useful if the main purpose of the law is probative value; trust is proof of the contract, so a letter is not required as proof. The Statute for Women was adopted in Ireland in 1695. [13] The Act is one of the few pre-independence laws to have survived the Statute Law Revision (Pre-1922) Act 2005 and the Statute Law Revision Act 2007, and is still largely in force to this day. According to the common law, the fraud act also applies to treaty amendments. For example, in an oral agreement on renting a car for nine months immediately after taking possession, the owner decides that he really likes the car and makes an oral offer to the renter to extend the term of the rental agreement for another six months. Although neither agreement is covered by fraud status alone, the oral extension modifies the original contract to a fifteen-month lease agreement (nine months plus the additional six), which places it within the scope of the law, since the contract now exceeds twelve months in duration. In theory, the same principle works the other way around, so an agreement to reduce a lease from fifteen months to nine months would not require writing.

However, many jurisdictions have passed laws that require a letter for such situations. The Fraud Act refers to the requirement that certain types of contracts must be recalled in writing, signed by the dependent party, with sufficient content to prove the contract. [1] [2] (1) The warning function: the idea here is that the parties take the agreement more seriously and tackle the case less when they write their agreement. It makes the parties more cautious about the contract. Several exceptions concern situations in which oral agreements entail the start of work or financial expenses. If the customer who ordered it by phone decides a posteriori to cancel the order, he is probably still responsible for a payment at least partial.. . .

Author: daniele130