CHAPTER 442
OF THE
REVISED STATUTES, 1989
1 This Act may be cited as the Statute of Frauds. R.S., c. 442, s. 1.
2 (1) In this Act, unless the context otherwise requires, "land" includes mining areas and other mining rights and privileges.
(2) In this Act, "writing" includes any information, that may affect real property registered or that may be registered pursuant to the Land Registration Act, in a form that can be converted into a writing by a machine or a device, including information on microfilm, in electronic, mechanical or magnetic storage, or in electronic data signals. R.S., c. 442, s. 2; 2001, c. 6, s. 126.
3 Every estate, or other interest in land not put in writing and signed by the person creating or making the same, or his agent thereunto lawfully authorized by writing, shall have the force of a lease or estate at will only, except a lease not exceeding the term of three years from the making thereof, whereupon the rent reserved amounts to two thirds at least of the annual value of the land demised. R.S., c. 442, s. 3.
4 No interest in land shall be assigned, granted or surrendered except by deed or note in writing signed by the party assigning, granting or surrendering the same, or by his agent thereunto authorized by writing, or by act and operation of law. R.S., c. 442, s. 4.
5 No declaration or creation of any trust in land shall be valid unless it is in writing, signed by the person entitled to create or declare the trust, or by his last will, but this Section shall not extend to any trust in land arising or resulting by implication or construction of law or which may be transferred or extinguished by act or operation of law. R.S., c. 442, s. 5.
6 No grant or assignment of any trust shall be valid unless it is in writing, signed by the person granting or assigning the same, or by his last will. R.S., c. 442, s. 6.
(a) whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate;
(b) whereby to charge any person upon any special promise to answer for the debt, default or miscarriage of another person;
(c) whereby to charge any person upon any agreement made upon consideration of marriage;
(d) upon any contract or sale of land or any interest therein; or
(e) upon any agreement that is not to be performed within the space of one year from the making thereof,
unless the promise, agreement or contract upon which the action is brought, or some memorandum or note thereof, is in writing, signed by the person sought to be charged therewith or by some other person thereunto by him lawfully authorized. R.S., c. 442, s. 7.
8 No special promise made by any 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 by some other person by him thereunto lawfully authorized, shall be deemed invalid to support an action or other proceeding to charge the person by whom such promise was made, by reason only that the consideration for such promise does not appear in writing or by necessary inference from a written document. R.S., c. 442, s. 8.
9 No action shall be maintained whereby to charge any person upon any promise, made after full age, to pay any debt contracted during infancy, or upon any ratification after full age of any promise or simple contract made during infancy, unless such promise or ratification is made by some writing signed by the party to be charged therewith or by his agent duly authorized to make such promise or ratification. R.S., c. 442, s. 9.
10 No action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade or dealings of any other person to the intent or purpose that such other person may obtain credit, money or goods thereupon, unless such representation or assurance is made in writing, signed by the party to be charged therewith. R.S., c. 442, s. 10.
