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Statute of Frauds 1677

The Statute of Frauds
Long title An Act for prevention of Frauds and Perjuryes.
Citation 29 Car 2 c 3
Dates
Royal assent 16 April 1677(NS)
Commencement 24 June 1677 (OS)
Status: Amended
Statute of Fraud 1677 Text of statute as originally enacted
The Statute of Frauds Revised text of statute as amended

The Statute of Frauds (29 Car 2 c 3) (1677) is an Act of the Parliament of England. It required that certain types of contracts, wills, and grants, assignment or surrender of leases or interest in real property must be in writing and signed to avoid fraud on the court by perjury and subornation of perjury. It also required that documents of the courts be signed and dated.

The attested date for the enactment of the Statute of Frauds is 16 April 1677 (New Style)

The Act is believed to have been primarily drafted by Lord Nottingham assisted by Sir Matthew Hale, Sir Francis North and Sir Leoline Jenkins.

When the Statute of Frauds was originally enacted, the sections of, and the clauses of section 4 of, that Act were not numbered. They were numbered when the Act was republished in the Statutes at Large. The Statute at Large, Cambridge Edition published in 1770 divided the Act into 25 sections. The section on the sale of goods was section 17. In the Statutes of the Realm published in 1818, the Statute of Frauds was divided into 24 sections. The section on the sale of goods became section 16. This article uses the same numbering system as the Statutes of the Realm.

Section 1 provides that all leases, estates, and interest in freehold or term of years created by livery and seisin or parole not in writing signed by the maker shall have the effect as an estate of lease at will.

Section 2 excepts from section 1 all leases not exceeding three years in term where rent equals two thirds of the value of the improved land.


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