Under common law, a writing satisfying the Statute of Frauds must include which two elements?

Under common law, a writing satisfying the Statute of Frauds must include which two elements?

• A. All material terms; Signed by plaintiff
• B. All material terms; Signed by defendant
• C. All material terms; Signed by ∆
• D. Key terms; Signed by ∆

Answer: (C)

Under common law, to satisfy the Statute of Frauds a writing must include all essential terms of the agreement and be signed by the party to be charged. “All material terms” means the writing must set out the core details that define the contract—who the parties are, what is promised, the price or consideration, and the time of performance. Without those terms, the writing isn’t definite enough to enforce. The signature must be by the party to be bound (the defendant) or by someone authorized to sign on their behalf. A signature by the plaintiff would not bind the defendant unless other circumstances show the defendant’s admission or part performance.

Under common law, to satisfy the Statute of Frauds a writing must include all essential terms of the agreement and be signed by the party to be charged. “All material terms” means the writing must set out the core details that define the contract—who the parties are, what is promised, the price or consideration, and the time of performance. Without those terms, the writing isn’t definite enough to enforce. The signature must be by the party to be bound (the defendant) or by someone authorized to sign on their behalf. A signature by the plaintiff would not bind the defendant unless other circumstances show the defendant’s admission or part performance.