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Types of Writing to Satisfy Statute of Frauds

Cite this article as: Jason Mance Gordon, "Types of Writing to Satisfy Statute of Frauds," in The Business Professor, updated January 10, 2015, last accessed April 8, 2020, https://thebusinessprofessor.com/knowledge-base/types-of-writing-to-satisfy-statute-of-frauds/.
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Writings Satisfy the Statute of Frauds
This video explains the various types of written evidence that will satisfy the requirements of the statute of frauds.

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What type of writing is required to satisfy the “statute of frauds”?

To meet the requirements of the statute of frauds, there must be a sufficient writing to demonstrate that a contract exists. The writing can be typed, handwritten, or electronic. The agreement must generally be signed by the party against whom it is being enforced. A signature may be a mark, seal, stamp, electronic signature, or a handwritten agreement. Between merchants, a confirmation regarding the contract by one merchant that is not objected to by the other merchant will be sufficient, even though it is not signed by the other merchant.

•    Discussion: Why do you think that the definition of a writing is construed so broadly? Is this broad interpretation justified or does it unduly detriment a party? Why?

•    Practice Question: Frank agrees to sell Amy his collector-edition, signed baseball card. Frank writes on the back of the a napkin, “I agree to sell Amy my Mickey Mantle rookie card for $2000.” Will this be a sufficient writing to satisfy the statute of frauds?

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