Constructive Fraud, Statute of Frauds
The statute of frauds generally requires that certain types of contracts be in writing. There are, however, certain exceptions to this rule, many of which stem from the aim to prevent further fraud. In other words, the statute of frauds exists so as to prevent certain contracts from being enforced unless they are in writing, but that requirement may be relaxed to prevent fraud or injustice. There are three general exceptions: (1) to prevent perpetration of a fraud, (2) promissory estoppel and (3) when there has been partial or full performance of a contract.
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