What are the requirements of a writing for contracts that fall under the Statute of Frauds?

• A. Be signed by the party against whom enforcement is sought and contain the essential elements of the deal.
• B. It must be notarized by a notary public.
• C. It must include the signature of both parties.
• D. It must include a full transcript of negotiations.

Answer: (A)

Under the Statute of Frauds, a writing for contracts within its reach must be signed by the party against whom enforcement is sought and must set out the essential terms of the agreement. The signature from the other party isn’t required, and the writing does not need to be notarized or include a full transcript of negotiations. “Essential terms” means enough detail to identify who is involved, what is being agreed to, and the key obligations and standards (such as price, quantity, or timeframes) so a court can determine what was agreed. For example, a land sale contract should name the parties and describe the land and price; a goods contract should specify the quantity; a promise that cannot be performed within a year should state the timeframe. This combination—signed by the party to be charged and containing the essential terms—best captures the Statute of Frauds writing requirement.