Discussions in Contracts: Statute of Frauds Podcast

The topic of this podcast is the basic concepts related to the types of contracts governed by the statute of frauds -- that is, statutes that require evidence of the contract in writing. More particularly, we will look at the categories of contracts governed by the statute, what type of writing satisfies the statute, and exceptions to the statute where a writing is not required. This podcast will introduce the statute of frauds related to sales of goods, but greater discussion of sales contracts will be taken up in a separate podcast. Analysis of a defense based upon the statute of frauds consists of three questions: first, is the contract within a category subject to the statute of frauds that requires evidence of the contract in writing; second, if so, does the contract fall within an exception to the statute of frauds that eliminates the requirement of a writing; and third, if no exception exists, is there a writing evidencing the contract sufficient to satisfy the statute? At the conclusion of this podcast you should be able to explain and apply the statute of frauds, in particular: (i) identifying the categories of contracts covered by the statute of frauds; (ii) identifying the common exceptions to the statute of frauds; and (iii) determining whether a writing or writings are sufficient to satisfy the statute of frauds.