The Study Of The Statute Of Frauds

The Statute of Frauds shorted for An Act For the Prevention of Frauds and Perjuries was adopted by the Britain parliament in 1677. The Statute of Frauds of contract law derived from the 4^th provision and the 17^th provision of An Act For the Prevention of Frauds and Perjuries. At present, besides Louisiana there are 49 states in The United States which still adopt the statute of frauds.The statute of frauds was one of the most complicated legal system in Anglo-American law. With a long history, it derived from statute law, developed in common law, nowadays, and still affected American modem society now. With expansive fields related, it includes the Executor-Administrator Provision, the One-Year Provision, the Suretyship Provision, the Marriage Provision, the Land Contract Provision and the Sales of Goods Provision, in which the the Suretyship Provision, the Land Contract Provision and the Sale of Goods Provision still is in effect in every America jurisdiction besides Louisiana. This Law is formulated for the purpose of preventing frauds and perjuries and has three main functions: the cautionary function, the evidentiary function and the Channeling function.The statute of frauds provides that certain contracts must be in writing to be enforceable, but is not uniformly enforced because of many exceptions. The first part of the thesis introduces the history of the statute of frauds. The second part concerns the basic concepts and the scope of the statute of frauds contracts. The third part regards the application of the statute of frauds. Because of the expansive contracts related the statute of frauds, this part only takes the sale of goods provision as example to show the procedure which is applied in trial and problems which is confronted. The fourth part, compared with Anglo-American law, explores the legal system concerning contract form in Roman, France, Germany, the international trade world and China. The last part is a concise evaluation of the Statute of frauds.