Chapter

The Statute of Frauds

A.W.B. Simpson

in A History of the Common Law of Contract

Published in print February 1987 | ISBN: 9780198255734
Published online March 2012 | e-ISBN: 9780191681622 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198255734.003.0017
The Statute of Frauds

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This chapter examines the history of the evolution of the action of assumpsit for breach of promise and the enactment of the Statute of Frauds and Perjuries in England. It suggests that the evolution of assumpsit made the contract law excessively biased in favour of the plaintiff, which encouraged the filing of groundless suits. To address this problem, the Statute of Frauds adopted a policy of requiring written evidence of important legal transactions as a prerequisite to their enforcement, which made the filing of groundless suits more difficult and costly.

Keywords: action of assumpsit; breach of promise; contract law; bias; perjury; Statute of Frauds; groundless suits; written evidence

Chapter.  8609 words. 

Subjects: History of Law

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