Statute Of Frauds in Europe
Definition of Statute Of Frauds
(29 Car. 2, c. 3). Passed ” for the prevention of frauds and perjuries.” It enacted (sections 1 and 2) that leases of lands, tenements or hereditaments (except leases not exceeding three years, reserving a rent of at least two-thirds the value of the land) shall have the force of leases at will only, unless they are put in writing and signed by the parties or their agents. Section 3 required assignments and surrenders of leases and interests in land (not being copyholds, etc.) to be in writing. Section 4 enacted that no action shall be brought upon any special promise by an executor or administrator to answer damages out of his own estate, or upon a guarantee, or upon an agreement made in consideration of marriage, or upon any contract or sale of lands, etc., or any interest in or concerning them, or upon any agreement that is not to be performed within a year, unless the agreement is in writing and signed by the party to be charged, or his agent. Sections 7 and 9 required declarations or creations of trusts of lands, etc., and all assignments of trusts, to be in writing, signed by the party, but section 8 exempted trusts arising by implication of law. Sections 10 and 11 made the lands of a cestui que trust, when in the hands of his real representative, liable to hie judgments and obligations. Section 17 has been replaced by section 4, subsection 1, Sale of Goods Act, 1893. Sections 1, 2, 3, 4 (in part), 7, 8 and 9 have been repealed and replaced by sections 52-54, Law of Property Act, 1925. See Sale; Tentcrden’s Act, (Lord); Wain v. Warltcrs; Peter v. Compton; Birkmyr v. Darnell; Boydell v. Drummond; Clayton v. Blakey
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Definition of Statute Of Frauds is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.
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