Acts and Regulations

S-14 - Statute of Frauds

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Repealed on 1 October 2014
CHAPTER S-14
Statute of Frauds
Repealed: 2014, c.47, s.1.
Necessity of written contract
1No action shall be brought
(a) to charge an executor or administrator upon a special promise to answer damages out of his own estate,
(b) to charge any person upon a special promise to answer for the debt, default, or miscarriage of another,
(c) to charge any person upon an agreement made upon consideration of marriage,
(d) upon any contract, or sale of lands, or of any interest therein, or
(e) upon any agreement that is not to be performed within one year from the making thereof,
unless the agreement upon which the action is brought, or some memorandum or note thereof, is in writing, and signed by the party to be charged therewith, or some other person authorized by him.
R.S., c.218, s.1
Consideration by guarantor
2No special promise made by a person to answer for the debt, default, or miscarriage of another person, being in writing and signed by the party to be charged therewith, or some person by him thereunto lawfully authorized, shall be deemed invalid to support an action, or other proceeding, to charge the person by whom the promise was made by reason only that the consideration for the promise does not appear in writing, or by necessary inference from a written document.
R.S., c.218, s.2
Liability of guarantor respecting contract with firm
3No promise to answer for the debt, default, or miscarriage of another made to a firm consisting of two or more persons, or to a single person trading under the name of a firm, and no promise to answer for the debt, default or miscarriage of a firm consisting of two or more persons, or of a single person trading under the name of a firm, is binding on the person making the promise in respect of anything done, or omitted to be done, after a change has taken place in the constitution of the firm, by the increase or the diminution of the members thereof, unless the intention of the parties that the promise shall continue to be binding, notwithstanding such change, appears either by express stipulation or by necessary implication from the nature of the firm, or otherwise.
R.S., c.218, s.3
Representation as to character, conduct etc. of another person
4No action shall be brought to charge any person upon or by reason of a representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of another person, to enable the other person to obtain money or goods upon credit, unless the representation or assurance is made in writing, signed by the party to be charged therewith.
R.S., c.218, s.4
Necessity of written contracts respecting infants
5No action shall be brought whereby to charge any person upon a promise made after full age to pay a debt contracted during infancy, or upon a ratification after full age of a promise or simple contract made during infancy, unless the promise or ratification is made by some writing signed by the party to be charged therewith, or by his agent duly authorized to make the promise or ratification.
R.S., c.218, s.5
Real estate commission
6Subject to section 36 of the Real Estate Agents Act, no action shall be brought to charge any person for the payment of a commission or other remuneration for the sale, purchase, exchange or leasing of real property unless the agreement on which the action is brought is in writing and signed by the party to be charged therewith or some person thereunto by him lawfully authorized.
R.S., c.218, s.6; 1983, c.75, s.29; 2011, c.20, s.16
Lease, estate or other interest in land
7A lease, estate, or other interest in lands, not put in writing, and signed by the parties, or their agents thereunto lawfully authorized by writing, has the force of a lease or estate at will only, except a lease not exceeding the term of three years.
R.S., c.218, s.7
Assignment, grant or surrender of interest in land
8No interest in lands shall be assigned, granted, or surrendered, unless it is by deed or note in writing, signed by the party assigned, granting, or surrendering the same, or by his agent thereunto lawfully authorized by writing, or by act and operation of law.
R.S., c.218, s.8
Written declaration or creation of trust in land
9No declaration or creation of a trust in lands is valid, unless it is in writing signed by the party entitled to declare or create the trust, or by his last will, except trusts arising or resulting by implication or construction of law, or that may be transferred or extinguished by act or operation of law.
R.S., c.218, s.9
Grant or assignment of trust
10No grant or assignment of any trust is valid unless it is in writing, signed by the party granting or assigning the same, or by his last will.
R.S., c.218, s.10
Repealed
11Repealed: 1993, c.36, s.13
R.S., c.218, s.11; 1993, c.36, s.13
Trust made assets
12No executor or heir who becomes chargeable by any trust made assets in his hands, is by reason of any pleading or judgment, chargeable to pay the condemnation out of his own estate; but the execution shall be issued against the estate so made assets, in whosever hands it comes after the writ is issued.
R.S., c.218, s.12
N.B. This Act is consolidated to October 1, 2014.