Statute of Frauds

For the statute of frauds, you need to know: (1) when the statute applies; (2) what it requires; and (3) the applicable exceptions.

A step-by-step approach for applying the statute can be described as follows:

1. Determine whether the contract is governed by the UCC or common law.
2. Determine whether the statute of frauds applies to the contract (i.e., does the contract need to be in writing?).
3. If the statute applies to the contract, determine whether there is a writing
4. Determine whether the writing satisfies the statute.
5. If there is no writing that satisfied the statute, look for an exception.