§ 25-5-1 Estate or interest in real property
§ 25-5-2 Wills and implied trusts excepted
§ 25-5-3 Leases and contracts for interest in lands
§ 25-5-4 Certain agreements void unless written and signed
§ 25-5-5 Representation as to credit of third person
§ 25-5-6 Promise to answer for obligation of another — When not required to be in writing
§ 25-5-7 Contracts by telegraph deemed written
§ 25-5-8 Right to specific performance not affected
§ 25-5-9 Agent may sign for principal

Terms Used In Utah Code > Title 25 > Chapter 5 - Statute of Frauds

  • Administrator: means the deputy state treasurer assigned by the state treasurer. See Utah Code 67-4a-102
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Apparent owner: means a person whose name appears on the records of a holder as the owner of property held, issued, or owing by the holder. See Utah Code 67-4a-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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.
  • Fiduciary: A trustee, executor, or administrator.
  • Holder: means a person obligated to hold for the account of, or to deliver or pay to, the owner property subject to this chapter. See Utah Code 67-4a-102
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Money order: includes an express money order and a personal money order on which the remitter is the purchaser. See Utah Code 67-4a-102
  • Nonfreely transferable security: includes a worthless security. See Utah Code 67-4a-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Owner: includes :
    (i) a depositor, for a deposit;
    (ii) a beneficiary, for a trust other than a deposit in trust;
    (iii) a creditor, claimant, or payee, for other property; and
    (iv) the lawful bearer of a record that may be used to obtain money, a reward, or a thing of value. See Utah Code 67-4a-102
  • Person: means :Utah Code 68-3-12.5
  • Person: means :
    (a) an individual;
    (b) an estate;
    (c) a business association;
    (d) a public corporation;
    (e) a government entity;
    (f) an agency;
    (g) a trust;
    (h) an instrumentality; or
    (i) any other legal or commercial entity. See Utah Code 67-4a-102
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Property: includes :
    (i) all income from or increments to the property;
    (ii) property referred to as or evidenced by:
    (A) money, virtual currency, interest, or a dividend, check, draft, or deposit;
    (B) a credit balance, customer's overpayment, stored-value card, payroll card, security deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to provide a refund, mineral proceeds, or unidentified remittance; and
    (C) a security except for:
    (I) a worthless security; or
    (II) a security that is subject to a lien, legal hold, or restriction evidenced on the records of the holder or imposed by operation of law, if the lien, legal hold, or restriction restricts the holder's or owner's ability to receive, transfer, sell, or otherwise negotiate the security;
    (iii) a bond, debenture, note, or other evidence of indebtedness;
    (iv) money deposited to redeem a security, make a distribution, or pay a dividend;
    (v) an amount due and payable under an annuity contract or insurance policy;
    (vi) an amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit-sharing, employee-savings, supplemental-unemployment insurance, or a similar benefit; and
    (vii) an amount held under a preneed funeral or burial contract, other than a contract for burial rights or opening and closing services, where the contract has not been serviced following the death or the presumed death of the beneficiary. See Utah Code 67-4a-102
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 67-4a-102
  • Security: means :
    (a) a security as defined in Revised Article 8 of the Uniform Commercial Code; or
    (b) a security entitlement as defined in Revised Article 8 of the Uniform Commercial Code, including a customer security account held by a registered broker-dealer, to the extent the financial assets held in the security account are not:
    (i) registered on the books of the issuer in the name of the person for which the broker-dealer holds the assets;
    (ii) payable to the order of the person;
    (iii) specifically endorsed to the person; or
    (iv) an equity interest in a business association not included in this Subsection (32). See Utah Code 67-4a-102
  • Service of process: The service of writs or summonses to the appropriate party.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 67-4a-102
  • Statute: A law passed by a legislature.
  • Testator: A male person who leaves a will at death.
  • Writing: includes :Utah Code 68-3-12.5