Statute of Frauds - England and Wales

England and Wales

The Statute of Frauds (1677) was largely repealed in England and Wales by the Law Reform (Enforcement of Contracts) Act 1954.

Section 4 now provides that contracts of guarantee (surety for another's debt) are unenforceable unless evidenced in writing. This requirement is subject to section 3 of the Mercantile Law Amendment Act 1856 which provides that the consideration for the guarantee need not appear in writing or by necessary inference from a written document.

Section 6 of the Statute of Frauds Amendment Act 1828 (commonly known as Lord Tenterden's Act) was enacted to prevent section 4 of the 1677 Act being circumvented by bringing an action for the tort of deceit (the tort in Freeman v. Palsey).

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