Which of the following is false regarding the statute of frauds and promises made in consideration of marriage?
A) Agreements regarding marriage in which one party is gaining something other than a return on his or her promise to marry are within the statute of frauds and must be in writing.
B) Mutual promises to marry fall within the statute of frauds.
C) Prenuptial agreements fall within the statute of frauds.
D) A prenuptial agreement is not automatically enforceable just because it is in writing.
E) When one party promises something to the other as part of an offer of marriage, the contract must be in writing to be enforceable.

Question

Quizplus · Accepted Answer

Mutual promises to marry, by themselves, do not fall within the statute of frauds. The statute of frauds requires certain types of contracts to be in writing to be enforceable, typically those involving the sale of goods over a certain value, real estate transactions, contracts that cannot be performed within one year, and promises made in consideration of marriage. However, simple mutual promises to marry, without any additional consideration or agreements (like prenuptial agreements), do not require a written contract to be enforceable.

Which of the Following Is False Regarding the Statute of Frauds