Statute of Frauds
Contracts & Sales · Lesson 04
Statute of Frauds
這一課問的是：本合約是否落入「詐欺防止法」(SOF) —— 須要簽名書面才能執行？
Actor
Act
Object
Standard
Consequence
Visual Scene · the picture in your head
Issue. Does the Statute of Frauds require this contract to be evidenced by a signed writing?
這一課問的是：本合約是否落入「詐欺防止法」(SOF) —— 須要簽名書面才能執行？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
statute of frauds
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A statute requiring certain contracts to be evidenced by a signed writing.
詐欺防止法。
MY-LEGS
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Mnemonic: Marriage · Year · Land · Executor · Goods $500+ · Surety.
MY-LEGS 助記詞。
one-year provision
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Cannot possibly be performed within one year from making.
一年條款。
material terms
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Parties, subject matter, quantity (UCC), price — must appear in writing.
重要條款。
signed by party to be charged
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Only the party against whom enforcement is sought must have signed.
由被請求方簽名。
part performance
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Acts unequivocally referable to the contract may take it out of SOF.
部分履行。
merchant confirmatory memo
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UCC §2-201(2): memo binds non-signing merchant if not objected to within 10 days.
商人確認備忘錄。
Issue · what this lesson is really about
Does the Statute of Frauds require this contract to be evidenced by a signed writing?
這一課問的是：本合約是否落入「詐欺防止法」(SOF) —— 須要簽名書面才能執行？
Trigger words & phrases that should flag this issue:
oral agreementno writingsigned only one sideemail exchangepartial performance
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| Frame | The question is whether the Statute of Frauds bars enforcement. | 本題問 SOF 是否阻卻執行。 |
| Place contract | This is a contract for the sale of land — within the Statute under the "L" of MY-LEGS. | 土地買賣落入 SOF "L" 類。 |
| Apply writing | A writing signed by the party to be charged, identifying material terms, satisfies SOF. | 由被請求方簽名、載明重要條款之書面即足。 |
| Invoke exception | Part performance unequivocally referable to the contract takes it out of the Statute. | 部分履行可使合約脫離 SOF。 |
| Cite §2-201(2) | Between merchants, a confirmatory memo binds the other if not objected to within 10 days. | 商人間，10 日內不反對即拘束未簽方。 |
| State result | The contract is therefore enforceable (or unenforceable) under the Statute. | 因此合約可執行（或不可執行）。 |
Rule Sentence · the workhorse
Contracts within the Statute of Frauds are unenforceable unless evidenced by a writing signed by the party to be charged that sets out the material terms, or a recognized exception applies.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人the party seeking enforcement欲執行之一方
Act 行為asserting the existence of a promise主張承諾存在
Object 對象the contract's SOF category合約之 SOF 類別
Standard 法律標準signed writing OR exception簽名書面 或 例外
Consequence 後果enforceable / unenforceable可執行／不可執行
Casebook Snapshot · a real American case
Crabtree v. Elizabeth Arden Sales Corp.
Holding. The Statute of Frauds writing need not be a single document. Several writings may be joined to form the required memorandum if at least one is signed by the party to be charged, and the unsigned writings refer to the same transaction so they may be read together.
Why it matters. A patchwork of writings can together satisfy SOF. The job is to assemble enough signed and unsigned papers that they reliably evidence the deal.
多份文件可合併構成 SOF 所需書面 — 只要其中一份由被請求方簽名。
Common Mistakes · what trips students
✗ SOF 下沒簽書面 → 合約「無效」。
✓ Contract is still valid; just unenforceable.
合約仍有效，只是不能執行。
✗ 兩邊都必須簽名。
✓ Only the party to be charged must sign.
只需被請求方簽名。
✗ 「一年內可能履行完」就脫離 SOF。
✓ Correct — theoretical possibility within 1 year is enough.
只要「理論上」可能即可。
✗ $500 以下貨物買賣也須書面。
✓ UCC §2-201 threshold is $500.
UCC SOF 門檻為 $500。
Mini IRAC · build the Application
Issue. Is an oral agreement to sell land enforceable when neither side has signed any writing?
Rule. An oral contract for the sale of an interest in land is within the Statute of Frauds and unenforceable unless evidenced by a signed writing or a recognized exception applies.
Application (model). P and D orally agreed that P would buy D's vacant lot for $80,000, and neither side signed any writing. Because contracts concerning an interest in land are within the SOF and unenforceable without a signed writing, the fact that the agreement is purely oral and unaccompanied by any signed writing means the Statute's writing requirement is unsatisfied and no exception is alleged.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the agreement is unenforceable under the Statute of Frauds.
MBE Check · multiple choice
Two merchants orally agree to a $20,000 sale of widgets. The buyer's office mails the seller a signed confirmatory memo restating the terms. The seller reads it but never replies. Two months later the seller refuses delivery. Can the buyer enforce the contract?
Mini Essay · write the Application paragraph
Facts. S and B orally agree that B will buy S's farm. Relying on the deal, B sells his own house, moves onto S's land, plants crops, and pays S two installments. S then refuses to deed the land.
Call. Can B enforce the oral agreement?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: