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Statute of Frauds
The Statute of Frauds (29 Cha. 2. c. 3) (1677) is an act of the Parliament of England. In its original form it required that certain types of contracts, wills, and grants, and assignment or surrender of leases or interest in real property must be in writing and signed to avoid fraud on the court by perjury and the subornation of perjury. It also required that documents of the courts be signed and dated. Today it is mostly repealed; only section 4 remains, which is about guarantors.
The attested date for the enactment of the Statute of Frauds is 16 April 1677 (New Style). The act is believed to have been primarily drafted by Lord Nottingham assisted by Sir Matthew Hale, Sir Francis North and Sir Leoline Jenkins.
When the Statute of Frauds was originally enacted, its sections and the clauses within section 4 were not numbered. Numbers where added when the act was republished in the Statutes at Large. The Statute at Large, Cambridge Edition published in 1770 divided the act into 25 sections. The section on the sale of goods was section 17. In The Statutes of the Realm published in 1818, the Statute of Frauds was divided into 24 sections. The section on the sale of goods became section 16. This article uses the same numbering system as the Statutes of the Realm.
Almost all of the statute has been repealed, leaving a line of introductory text and an amended section 4.
Section 1 provides that all leases, estates, and interest in freehold or term of years created by livery and seisin or parole not in writing signed by the maker shall have the effect as an estate of lease at will.
Section 2 excepts from section 1 all leases not exceeding three years in term where rent equals two thirds of the value of the improved land.
Section 3 provides that all leases, estates, and interest in freehold or term of years assigned granted or surrendered must be by deed or note in writing signed by the grantor or his agent or by operation of law.
Section 7 provides that all conveyances in trusts of land must be in writing signed by the maker or by will.
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Statute of Frauds
The Statute of Frauds (29 Cha. 2. c. 3) (1677) is an act of the Parliament of England. In its original form it required that certain types of contracts, wills, and grants, and assignment or surrender of leases or interest in real property must be in writing and signed to avoid fraud on the court by perjury and the subornation of perjury. It also required that documents of the courts be signed and dated. Today it is mostly repealed; only section 4 remains, which is about guarantors.
The attested date for the enactment of the Statute of Frauds is 16 April 1677 (New Style). The act is believed to have been primarily drafted by Lord Nottingham assisted by Sir Matthew Hale, Sir Francis North and Sir Leoline Jenkins.
When the Statute of Frauds was originally enacted, its sections and the clauses within section 4 were not numbered. Numbers where added when the act was republished in the Statutes at Large. The Statute at Large, Cambridge Edition published in 1770 divided the act into 25 sections. The section on the sale of goods was section 17. In The Statutes of the Realm published in 1818, the Statute of Frauds was divided into 24 sections. The section on the sale of goods became section 16. This article uses the same numbering system as the Statutes of the Realm.
Almost all of the statute has been repealed, leaving a line of introductory text and an amended section 4.
Section 1 provides that all leases, estates, and interest in freehold or term of years created by livery and seisin or parole not in writing signed by the maker shall have the effect as an estate of lease at will.
Section 2 excepts from section 1 all leases not exceeding three years in term where rent equals two thirds of the value of the improved land.
Section 3 provides that all leases, estates, and interest in freehold or term of years assigned granted or surrendered must be by deed or note in writing signed by the grantor or his agent or by operation of law.
Section 7 provides that all conveyances in trusts of land must be in writing signed by the maker or by will.