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Multiple Choice

Under the Statute of Frauds, which categories of contracts require writing?

The main thing being tested is which types of contracts must have a writing to be enforceable under the Statute of Frauds. The classic categories that require writing are five: contracts in consideration of marriage, promises to pay the debt of another (suretyship), contracts that cannot be completed within one year, contracts for the sale of goods over a certain amount (under the UCC, often $500), and contracts involving real property (land). This is why the best answer lists marriage, surety, one-year, goods over 500, and real property. Understanding why these categories matter helps: the writing requirement exists to prevent fraud or perjury in deals that are more complex, longstanding, or involve interests in land or substantial goods. A contract for service or personal ongoing work isn’t automatically required to be in writing unless it fits one of those categories. Leases are governed similarly by the Statute of Frauds, but a lease of goods for less than one year generally doesn’t need a writing, whereas longer leases can.

The main thing being tested is which types of contracts must have a writing to be enforceable under the Statute of Frauds. The classic categories that require writing are five: contracts in consideration of marriage, promises to pay the debt of another (suretyship), contracts that cannot be completed within one year, contracts for the sale of goods over a certain amount (under the UCC, often $500), and contracts involving real property (land). This is why the best answer lists marriage, surety, one-year, goods over 500, and real property.

Understanding why these categories matter helps: the writing requirement exists to prevent fraud or perjury in deals that are more complex, longstanding, or involve interests in land or substantial goods. A contract for service or personal ongoing work isn’t automatically required to be in writing unless it fits one of those categories. Leases are governed similarly by the Statute of Frauds, but a lease of goods for less than one year generally doesn’t need a writing, whereas longer leases can.