New York Law (NYLE) Practice Exam

For a contract which is subject to the statute of frauds to be enforceable, what is required?

1. Must be a paper document signed by the party to be charged.

2. May be in an email signed by the party to be charged.

3. Must be a paper document signed by all of the parties to the contract.

4. May be in a series of emails, but only if there are emails signed by all of the parties to the contract.

The correct answer is: May be in an email signed by the party to be charged.

For a contract that falls under the statute of frauds to be enforceable, the requirement is that it must be in a form that sufficiently indicates a contract has been made and must be signed by the party to be charged. This includes modern forms of communication such as emails. The key aspect here is that as long as the email contains a signature or other indication of agreement from the party being held responsible, it satisfies the statute of frauds requirement. This flexibility recognizes the evolution of communication methods beyond traditional written documents. Other options focus on more stringent requirements, such as necessitating a physical paper document signed by all parties or solely by the party to be charged. These interpretations do not align with the modern legal understanding that allows for electronic or digital correspondence, as long as it fulfills the signature requirements set forth in the statute. This adaptability accommodates contemporary practices in contract formation and reflects the legal system's recognition of electronic communications as valid forms of contract documentation.