Question 1

What types of contracts must be in writing under the statute of frauds?

Accepted Answer

The classic categories (remembered by the mnemonic 'MY LEGS'): (M) Marriage — contracts made in consideration of marriage (prenups). (Y) Year — contracts that can't be performed within one year. (L) Land — contracts involving real property interests. (E) Executor — promises by an executor to pay estate debts from personal funds. (G) Goods — sale of goods over $500 (UCC § 2-201). (S) Surety — promises to pay another's debt. Specific categories vary by state.

Question 2

Does a text message or email satisfy the statute of frauds?

Accepted Answer

In most jurisdictions, yes. The statute requires a 'writing signed by the party to be charged.' Courts have held that emails, text messages, and even social media messages can satisfy this requirement if they contain the essential terms of the agreement and can be attributed to the sender. The UETA (Uniform Electronic Transactions Act) and federal E-SIGN Act explicitly recognize electronic records and signatures.

Question 3

What happens if a contract that should be in writing isn't?

Accepted Answer

The contract is generally unenforceable — meaning a court won't force performance or award damages for breach. But there are exceptions: partial performance (you've already started performing), promissory estoppel (one party reasonably relied on the promise to their detriment), and admission (the party admits in court that the agreement existed). These exceptions prevent the statute from being used as a tool for fraud — which is ironic given the statute's name.

Question 4

Can I enforce a verbal contract for services under $500?

Accepted Answer

If it can be completed within one year, generally yes. The statute of frauds applies to contracts that can't be performed within one year, not to small-dollar contracts per se. The $500 threshold only applies to the sale of goods under the UCC. A verbal agreement to paint a house for $300 is enforceable. A verbal agreement for a 2-year consulting engagement is not, regardless of the dollar amount.

Statute of Frauds

Definition

In Practice

Common in these contract types

Related terms

Related contract clauses

Related articles

Frequently asked questions about statute of frauds

Create a contract with proper statute of frauds clauses