Statute of Frauds
Act of Parliament | |
Other legislation | |
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Amended by | |
Status: Amended | |
Text of statute as originally enacted | |
Text of the Statute of Frauds (1677) as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The Statute of Frauds
The attested date for the enactment of the Statute of Frauds is 16 April 1677 (
When the Statute of Frauds was originally enacted, its sections and the clauses within section 4 were not numbered.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
Almost all of the statute has been repealed, leaving a line of introductory text and an amended section 4.[4]
Real property
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.
Section 9 provides that all grants and assignments of trusts in land must be in writing signed by the grantor or by will.
Section 8 excepts from section 7 and 9 trusts that arise or result by implication of construction of law i.e. resulting trusts and constructive trusts.
Sections 1 to 3 and 7 to 9 and 24 were repealed by section 207 of, and Schedule 7 to, the
Section 4
Section 4 of the Statute of Frauds[5] provided that an action may not be brought on the following types of contracts unless there is a written note or memorandum signed by the party being charged or a person authorized by them:
- Contracts by the executor of a will to pay a debt of the estate with his own money.
- Contracts in which one party becomes a surety (acts as guarantor) for another party's debt or other obligation.
- Contracts in consideration of marriage.
- Contracts for the transfer of an interest in land.
- Contracts that cannot be performed within one year.
This section now provides that contracts of guarantee (surety for another's debt) are unenforceable unless evidenced in writing. This requirement is subject to section 3 of the
Section 6 of the
In this section, the words "or upon any contract or sale of lands, tenements or hereditaments or any interest in or concerning them" were repealed by section 207 of, and Schedule 7 to, the
Law Reform (Enforcement of Contracts) Act 1954 | |
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Act of Parliament | |
Dates | |
Royal assent | 4 June 1954 |
Text of statute as originally enacted |
All the clauses except the one relating to surety contracts were repealed by section 1 of the Law Reform (Enforcement of Contracts) Act 1954 (
This section does not apply (if it would otherwise do so) in relation to a financial collateral arrangement.[12]
In 1937, the
Court procedure
Sections 10 and 11 deal with the execution of
Section 13[c] and 14 provide that the effective date for judgments against bona fide purchasers for value of land is the date they are docketed and requiring that judgments of the courts enter the date docketed when signing it without a fee.
Section 15 provides that fieri facias or other writs of execution are effective against goods from the date given it is given to the sheriff and the sheriff shall write on the back of it the day, month and year he received it without a fee.
Section 17 provides that
Section 23 preserves the
Section 24 proves that the husband may be the
Sections 13 and 14 were repealed by Part I of the Schedule to the
Sections 15 was repealed by the Schedule to the Sale of Goods Act 1893, but section 26 that act continued the requirement that fieri facias or other writs of execution are effective against goods from when they are given to the sheriff and the sheriff shall endorse the writ with the date and time he received it.
Section 17 was repealed by the Schedule to the
Sections 10 and 11 and 23 and 24, so far as unrepealed, were repealed by section 56 of, and Part I of Schedule 2 to the
Section 16: Sales of goods
Section 16 provided that no contract for the sale of
Sections 15 and 16 was repealed by the schedule to the
Section 4 of the Sales of Goods Act 1893 was itself repealed by section 2 of the Law Reform (Enforcement of Contracts) Act 1954.[11]
Wills
Section 5 requires that wills devising land be in writing signed by the person devising the property or some other person at his direction, and shall be attested and subscribed in the presence of the said
Section 6 provides that a gift of land in a will may only be revoked by another will or a codicil or other writing declaring the revocation executed in the same manner as a will is by section 5 or by testator or someone at his direction and in his presence burned, cancelled, torn or obliterated.
Section 1 of the
Section 12 provides that an estate pur autre vie may devised by will in writing signed by the testator or someone in his presence and at his express direction, attested and subscribed in the testators presence by three of more witnesses. It also provides for estate pur autre vie in cases where no devise is made.
Sections 18 through 20 provide rules for nuncupative (oral) wills for personal estates valued at over 30 pounds may be only made during the last illness of a testator. After six months have passed from the speaking of the will no testimony shall be received to prove a nuncupative will unless the testimony of the substance of it was committed to writing within six days of making the will. A nuncuparative will must be witnessed by three witnesses.
Section 16 of the
Section 21 provides that a written will in personal property may not be repealed or altered orally except if it is put in writing during the life of the testator and read to him and allowed by him and proven by at least three witnesses.
Section 22 allows
So much of this act as related to devises or bequests of lands or tenements, or to the revocation or alteration of any devise in writing of any lands, tenements or hereditaments, or any clause thereof, or to the devise of any estate pur autre vie, or to any such estate being assets, or to nuncupative wills, or to the repeal, altering or changing of any will in writing concerning any goods or chattels or personal estate, or any clause, devise, or bequest therein was repealed by section 2 of the
Section 22 was repealed by Part VII of the Schedule to the Statute Law (Repeals) Act 1969 (c. 52). However section 11 of the Wills Act 1837 continues the right of Soldiers and Seamen to dispose of their personal estate as they had previously.
See also
Notes
- ^ These words are printed against this act in the second column of Schedule 1 to the Short Titles Act 1896, which is headed "Title".
- short title was authorised by section 1 of, and schedule 1 to, the Short Titles Act 1896. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
- Statutes at Large: section 13 for the whereas clause and section 14 for the enactment clause.
References
- ^ JSTOR 1326318.
- ^ Pickering, Danby, ed. (1770). The Statutes at Large, from Magna Chart to the End of the Eleventh Parliament of Great Britain, Anno 1761. Vol. 3. Cambridge University. pp. 385–87.
- ^ Raithby, John, ed. (1819). The Statutes of the Realm. Vol. 5. pp. 839–842.
- ^ Statute of Frauds (1677) table of contents, legislation.gov.uk
- ^ "Statute of Frauds (1677): Section IV". legislation.gov.uk. The National Archives. 29 Cha. 2 c. 3. Retrieved 4 December 2022.
- ^ "Mercantile Law Amendment Act 1856: Section 3". legislation.gov.uk. The National Archives. 1856 c. 97 (s. 3).
- short title was given by the Short Titles Act 1896.
- ^ Clerk and Lindsell on Torts, 16th edition, 1989, Sweet and Maxwell, paragraph 18-41, at page 1036
- TR51
- ^ "Law of Property Act 1925: Section 40". legislation.gov.uk. The National Archives. 1925 c. 20 (s. 40).
- ^ a b "Law Reform (Enforcement of Contracts) Act 1954". legislation.gov.uk. The National Archives. 4 June 1954. 1954 c. 34. Retrieved 30 October 2022.
- ^ "The Financial Collateral Arrangements (No. 2) Regulations 2003: Regulation 4". legislation.gov.uk. The National Archives. SI 2003/3226 (reg. 4).
- ^ Cmd 5449
- ^ "Statute of Frauds Amendment Act 1828: Section 7". legislation.gov.uk. The National Archives. 1828 c. 14 (s. 7).
- ^ "Sale of Goods Act 1893: Schedule". legislation.gov.uk. The National Archives. 1893 c. 71 (sch.). Retrieved 30 October 2022.
- ^ The Wills Act 1837
- ^ Legislation.gov.uk
External links
- The Statute of Frauds, as amended, from Legislation.gov.uk.
- Statute of Fraud 1677 as originally enacted
- "Statutes of the Realm: volume 5: 1628-80 (1819), pp. 839-42". Retrieved 9 April 2013.