Question 52

Contracts must be written to be enforceable under the statute of frauds.

For certain contracts to be enforceable, the statute of frauds stipulates that they must be in written form. This requirement serves to prevent potential fraud and misunderstandings regarding the terms of the agreement.

A) witnessed

While having a contract witnessed can add an additional layer of verification, it is not a requirement under the statute of frauds. The enforceability of the contract does not depend solely on the presence of witnesses.

B) recorded

Recording a contract may be necessary for certain types of agreements to provide public notice, but it is not a requirement of the statute of frauds for enforceability. The statute specifically focuses on the necessity of a written agreement rather than its recording.

C) notarized

Notarization is not a requirement under the statute of frauds for a contract to be enforceable. Although notarization can provide authenticity and prevent disputes about the identity of the parties, the written form is the primary necessity according to the statute.

D) written

The statute of frauds explicitly requires that certain contracts, such as those involving the sale of real estate or agreements that cannot be performed within one year, must be documented in writing. This written requirement is crucial for the enforcement of such agreements.

Conclusion

The correct answer is D) written, as the statute of frauds mandates that certain contracts must be in writing to be enforceable. Options A, B, and C do not meet the criteria set forth by the statute, as they pertain to additional forms of validation that are not strictly necessary for enforceability.