THE STATUTE OF FRAUDS AND SALE OF LAND CONTRACTS

Abstract

In this article, the author critically evaluates the provisions, evolution and present state of the Statute of Frauds in relation to sale of land agreements. While the original conditions supporting the enactment of the Statute have long been superseded, the Statute has survived, though in a greatly attenuated way as numerous judicial exceptions have been created. These inroads into the writing requirement are assessed and the Statute judged as to whether it usefully promotes the evidentiarv, cautionary or channelling function of written forms. The author concludes that the Statute fails to advance any theory of forms in a coherent manner and that it is out of step with current contract law; that a partial reform enshrining common law exceptions to the writing requirement in the form of a statute is inadequate; and urges the entire repeal of the Statute so far as it relates to sale of land contracts.