On Tue, 4 Jun 1996 ichudov@algebra.com wrote:
Sandy Sandfort wrote:
C'punks,
At 11:11 AM 6/4/96 -0400, Perry E. Metzger wrote:
...I get the impression that under the common law, an ink signature is merely a demonstration that a party assented to a contract, and except for certain contracts (which usually require witnesses etc.) there is no requirement in the law that a contract even be on paper...
The "Statute of Frauds" lists the exceptions and they cover most important contracts. I seem to recall that contracts over a given amount or for interests in real property for periods of a year or more are covered. I'm sure someone with current access to legal research resources will post a better explanation.
[I AM NOT A LAWYER]
The following contracts are required to be in writing, in most states:
1. A contract of an executor or administrator to answer for a duty of the decedent (the executor-administrator provision).
2. A contract to answer for debt or default of another (the suretyship provision).
3. A contract made upon consideration of marriage (the marriage provision).
4. A contract for sale of goods worth more than $500 (the sales provision).
5. A contract for sale of an interest in land (the land provision).
6. A contract not preformable within a year (the one-year provision).
Exceptions and loopholes are SO numerous so as to make this list less than worthless. The only straightforward rules are with respect to UCC sale of goods contracts.
- Igor.
--- My preferred and soon to be permanent e-mail address:unicorn@schloss.li "In fact, had Bancroft not existed, potestas scientiae in usu est Franklin might have had to invent him." in nihilum nil posse reverti 00B9289C28DC0E55 E16D5378B81E1C96 - Finger for Current Key Information Opp. Counsel: For all your expert testimony needs: jimbell@pacifier.com