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Statute of Frauds

The Statute of Frauds was enacted in 1677 in England and was adopted in Canada and United States. It is still part of our law in most Canadian provinces, except for British Columbia, Quebec, and Manitoba.

It states that certain types of contracts must be in writing and signed by the parties. Such contracts include:

  1. Contracts by an executor of an estate to pay debts of the estate from personal funds;
  2. Contracts by a person to guarantee the debts of another or be responsible for the tort obligations of another;
  3. Contracts for the sale of land or affecting any interest in land except for leases of less than three years. Doctrine of Part Performance might save a contract dealing with land even if it was not in writing if the person receiving the interest performs some acts in reliance on the offer of the person who promised to transfer the land;
  4. Contracts made after attaining the age of majority to ratify debt obligations incurred as a minor.