No action shall be brought to charge any person:
(1) For any representation or assurance concerning the character, conduct, credit,
ability, trade, or dealings of another, made with intent that such other may obtain
thereby credit, money, or goods;
(2) Upon any promise to pay a debt contracted during infancy, or any ratification of a
contract or promise made during infancy;
(3) Upon any promise of a personal representative as such to answer any liability of his
decedent out of his own estate;
(4) Upon any promise to answer for the debt, default, or misdoing of another;
(5) Upon any agreement made in consideration of marriage, except mutual promises to
marry;
(6) Upon any contract for the sale of real estate, or any lease thereof for longer than one
year;
(7) Upon any agreement that is not to be performed within one year from the making
thereof;
(8) Upon any promise, agreement, or contract for any commission or compensation for
the sale or lease of any real estate or for assisting another in the sale or lease of any
real estate; or
(9) Upon any promise, contract, agreement, undertaking, or commitment to loan
money, to grant, extend, or renew credit, or make any financial accommodation to
establish or assist a business enterprise or an existing business enterprise including,
but not limited to the purchase of realty or real property, but this subsection shall
not apply to agreements pursuant to which credit is extended by means of a credit
card or similar device, or to consumer credit transactions;
unless the promise, contract, agreement, representation, assurance, or ratification, or some
memorandum or note thereof, be in writing and signed by the party to be charged
therewith, or by his authorized agent. It shall not be necessary to express the
consideration in the writing, but it may be proved when necessary or disproved by parol
or other evidence.
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 259, sec. 1, effective July 13, 1990. -- Amended
1950 Ky. Acts ch. 174, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 470.
Notes of Decisions
United Parcel Serv. Co. v. Rickert, 996 S.W.2d 464 (Ky. 1999).
· cites it 3× “Statute of Frauds The Kentucky statute of frauds contained in KRS 371.010(7) is inapplicable to this case because the statute was intended to prevent and not facilitate fraudulent conduct.”
Chin v. Chin, 494 S.W.3d 517 (Ky. Ct. App. 2016).
· cites it 8× “Raymond has not provided this Court with any specific provision of the Statute of Frauds, KRS 371.010, which stipulates that there must be a written agreement regarding the repayment of the divorce attorney retainer.”
Derby City Capital, LLC v. Trinity HR Servs., 949 F. Supp. 2d 712 (W.D. Ky. 2013).
· cites it 4× “The Schroering Defendants additionally argue that any verbal statements made by Schroering purporting to guarantee LEED’s obligation (1) fails the Kentucky Statute of Frauds, Ky.Rev.Stat. § 371.010; (2) fails to allege any consideration; and (3) fails under the express merger…”
Sees v. Bank One, Indiana, N.A., 839 N.E.2d 154 (Ind. 2005).
· cites it 2× “17 (1990); Ky.Rev.Stat. § 371.010 (1990). [5] In the State of Florida, "A debtor may not maintain an action on a credit agreement unless the agreement is in writing, expresses consideration, sets forth the relevant terms and conditions, and is signed by the creditor and the…”
Jones v. Sparks, 297 S.W.3d 73 (Ky. Ct. App. 2009).
· cites it 2× “Therefore, the Joneses’ argument that they should be vested with legal title to the alleged easement is clearly barred by the statute of frauds as set forth in KRS 371.010. Under no circumstance may the Court enforce a parol agreement for the sale of real estate, or for that…”
State Street Bank & Trust Co. of Boston v. Heck's, Inc., 963 S.W.2d 626 (Ky. 1998).
· cites it 4× “Heck's subsequently defaulted on the Girard notes and, as assignee of both the notes and the July 1, 1978 mortgage, State Street Bank filed this action for a judicial sale of the mortgaged property and application of the sale proceeds to payment of the notes. Both First National…”
Sawyer v. Mills, 295 S.W.3d 79 (Ky. 2009).
· cites it 2× “KRS 371.010(7). “In construing the Statute of Frauds, the general rule is that, if a contract may be performed within a year from the making of it, the inhibition of the Statute does not apply, although its performance may have extended over a greater period of time.”
Midwest Mut. Ins. Co. v. Wireman, 54 S.W.3d 177 (Ky. Ct. App. 2001).
· cites it 4× “[u]pon any promise to pay a debt contracted during infancy, or any ratification of a contract or promise made during infancy[J” However, application of KRS 371.010 to insurance contracts has long been held to be inappropriate.”
PCR Contractors, Inc. v. Danial, 354 S.W.3d 610 (Ky. Ct. App. 2011).
· cites it 2× “The Court finds that KRS 371.010 (Kentucky’s Statute of Frauds) does not bar PCR’s claims of fraudulent or negligent misrepresentation.”
Seeger Enter., Inc. v. Town & Country Bank & Trust Co., 518 S.W.3d 791 (Ky. Ct. App. 2017).
“See KRS 371.010. Seeger contends that the verbal agreement he, his real estate agent, and Hayden made, and the testimony concerning its making, were sufficient to satisfy this element of his claim.”
— Ky. Rev. Stat. § 371.010(1) — 1 case
— Ky. Rev. Stat. § 371.010(2) — 1 case
Midwest Mut. Ins. Co. v. Wireman, 54 S.W.3d 177 (Ky. Ct. App. 2001).
“[u]pon any promise to pay a debt contracted during infancy, or any ratification of a contract or promise made during infancy[J” However, application of KRS 371.010 to insurance contracts has long been held to be inappropriate.”
— Ky. Rev. Stat. § 371.010(4) — 10 cases
Chin v. Chin, 494 S.W.3d 517 (Ky. Ct. App. 2016).
“Raymond has not provided this Court with any specific provision of the Statute of Frauds, KRS 371.010, which stipulates that there must be a written agreement regarding the repayment of the divorce attorney retainer.”
Derby City Capital, LLC v. Trinity HR Servs., 949 F. Supp. 2d 712 (W.D. Ky. 2013).
“The Schroering Defendants additionally argue that any verbal statements made by Schroering purporting to guarantee LEED’s obligation (1) fails the Kentucky Statute of Frauds, Ky.Rev.Stat. § 371.010; (2) fails to allege any consideration; and (3) fails under the express merger…”
— Ky. Rev. Stat. § 371.010(6) — 26 cases
— Ky. Rev. Stat. § 371.010(7) — 22 cases
United Parcel Serv. Co. v. Rickert, 996 S.W.2d 464 (Ky. 1999).
“Statute of Frauds The Kentucky statute of frauds contained in KRS 371.010(7) is inapplicable to this case because the statute was intended to prevent and not facilitate fraudulent conduct.”
Sawyer v. Mills, 295 S.W.3d 79 (Ky. 2009).
“KRS 371.010(7). “In construing the Statute of Frauds, the general rule is that, if a contract may be performed within a year from the making of it, the inhibition of the Statute does not apply, although its performance may have extended over a greater period of time.”
Chin v. Chin, 494 S.W.3d 517 (Ky. Ct. App. 2016).
“Raymond has not provided this Court with any specific provision of the Statute of Frauds, KRS 371.010, which stipulates that there must be a written agreement regarding the repayment of the divorce attorney retainer.”
— Ky. Rev. Stat. § 371.010(8) — 9 cases
— Ky. Rev. Stat. § 371.010(9) — 10 cases
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