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Wilfrid Laurier University
Daniel J Fife

1READING NOTESCHAPTER 10 The Requirement of WritingThere are also serious legal consequences for failing to keep written records of contract The Statute of Frauds and Consumer Protection Act in Ontario require that contracts be put into writing to be enforceableDistinction Between Substance and FormBenefits of a written recordoThe substancethe terms of a contractmay have a variety of physical forms written or even no form at all in the minds of the partiesCategories of formEntirely oralSome terms are oral others writtenEntirely written may be spread across multiple documentsoThe terms of a contract remain the same whatever from they take but its always best to have them in written formWords are slippery need to determine what parties agreed to words have different interpretationsStatute of FraudsoDesigned originally in England in1677 statute required written evidence to eliminate perjured testimonies in lawsuits concerning landoMade judges unhappy from the beginningSince been replaced in BC and ManitobaConsequences of the Statute of FraudsoEffect of the statute is in rendering certain types of contracts UNENFORCEABLE loss falls where it lies unless they are in writing meaning that neither party may sue on contract GRRRoResult is that parties to oral contracts are often able to avoid their obligations solely because the contracts fall within confines of the statute while perfectly valid in every other respectoIt is for this reason that courts have tried to limit the application of the statute wherever possibleoEg Guy buys girl car fixed up her house lives with her for four yearsProblem was that he understood they were long term until she dumped himWhen he wanted his stuff back there was no contract oaci nor was there a written cohabitation agreement which wouldve saved his asssee Agreements in Consideration of MarriageTypes of Contract Affected by Statute of Frauds see explanations belowExecutors PromiseGuarantorAgreements in Consideration of Marriage
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