Kentucky Statutes 371.010 – Statute of frauds — Contracts to be written
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No action shall be brought to charge any person:
(1) For any representation or assurance concerning the character, conduct, credit, ability, trade, or dealings of another, made with intent that such other may obtain thereby credit, money, or goods;
(2) Upon any promise to pay a debt contracted during infancy, or any ratification of a contract or promise made during infancy;
(3) Upon any promise of a personal representative as such to answer any liability of his decedent out of his own estate;
(4) Upon any promise to answer for the debt, default, or misdoing of another;
(5) Upon any agreement made in consideration of marriage, except mutual promises to marry;
(6) Upon any contract for the sale of real estate, or any lease thereof for longer than one year;
(7) Upon any agreement that is not to be performed within one year from the making thereof;
(8) Upon any promise, agreement, or contract for any commission or compensation for the sale or lease of any real estate or for assisting another in the sale or lease of any real estate; or
(9) Upon any promise, contract, agreement, undertaking, or commitment to loan money, to grant, extend, or renew credit, or make any financial accommodation to establish or assist a business enterprise or an existing business enterprise including, but not limited to the purchase of realty or real property, but this subsection shall not apply to agreements pursuant to which credit is extended by means of a credit card or similar device, or to consumer credit transactions;
unless the promise, contract, agreement, representation, assurance, or ratification, or some memorandum or note thereof, be in writing and signed by the party to be charged therewith, or by his authorized agent. It shall not be necessary to express the consideration in the writing, but it may be proved when necessary or disproved by parol or other evidence.
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 259, sec. 1, effective July 13, 1990. — Amended
1950 Ky. Acts ch. 174, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 470.
(1) For any representation or assurance concerning the character, conduct, credit, ability, trade, or dealings of another, made with intent that such other may obtain thereby credit, money, or goods;
Terms Used In Kentucky Statutes 371.010
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Contract: A legal written agreement that becomes binding when signed.
- Decedent: A deceased person.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Year: means calendar year. See Kentucky Statutes 446.010
(2) Upon any promise to pay a debt contracted during infancy, or any ratification of a contract or promise made during infancy;
(3) Upon any promise of a personal representative as such to answer any liability of his decedent out of his own estate;
(4) Upon any promise to answer for the debt, default, or misdoing of another;
(5) Upon any agreement made in consideration of marriage, except mutual promises to marry;
(6) Upon any contract for the sale of real estate, or any lease thereof for longer than one year;
(7) Upon any agreement that is not to be performed within one year from the making thereof;
(8) Upon any promise, agreement, or contract for any commission or compensation for the sale or lease of any real estate or for assisting another in the sale or lease of any real estate; or
(9) Upon any promise, contract, agreement, undertaking, or commitment to loan money, to grant, extend, or renew credit, or make any financial accommodation to establish or assist a business enterprise or an existing business enterprise including, but not limited to the purchase of realty or real property, but this subsection shall not apply to agreements pursuant to which credit is extended by means of a credit card or similar device, or to consumer credit transactions;
unless the promise, contract, agreement, representation, assurance, or ratification, or some memorandum or note thereof, be in writing and signed by the party to be charged therewith, or by his authorized agent. It shall not be necessary to express the consideration in the writing, but it may be proved when necessary or disproved by parol or other evidence.
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 259, sec. 1, effective July 13, 1990. — Amended
1950 Ky. Acts ch. 174, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 470.