Exceptions to the Statute of Frauds

Exceptions to the Statute of Frauds

Admission in Court or Under Oath

• Statement Requirement: A contract that would ordinarily be required to be in writing under the Statute of Frauds can be enforced if the opposing party admits to the existence of the contract.

• When and Where Made: The admission must be made in court or otherwise under oath.

  • Under Oath Definition: This constitutes formal sworn testimony, typically in settings such as:

    • Depositions: A formal process as part of legal discovery, where a witness is questioned under oath before a trial. It involves a recording, an official court reporter, and the administration of an oath (e.g., "Do you swear and affirm under penalty of perjury, the testimony you're about to give is true and correct to the best of your knowledge?"). This signifies the seriousness of sworn statements.

    • Written Discovery: Admissions made in written responses during the discovery phase of litigation also fall under the