No action shall be brought:
(1) Whereby to charge any person upon any contract for the sale of lands, tenements, or
hereditaments, or the making of any lease thereof for a longer time than one year;
(2) Whereby to charge any person upon any agreement made upon consideration of marriage;
(3) Whereby to charge any trustee under any express trust, or any executor or administrator,
upon his or her special promise to answer any debt or damage out of his or her own
estate;
(4) Whereby to charge any person upon his or her special promise to answer for the debt,
default, or miscarriage of another person;
(5) Whereby to charge any person upon any agreement which is not to be performed within
the space of one year from the making thereof;
(6) Whereby to charge any person upon any agreement or promise to pay any commission for
or upon the sale of any interest in real estate;
(7) Except in cases to which the Uniform Commercial Code (title 6A) applies, whereby to
charge any person upon any contract for the sale of personal property beyond five
thousand dollars ($5,000) in an amount or value of remedy, unless the promise or agreement
upon which the action shall be brought, or some note or memorandum thereof, shall
be in writing, and signed by the party to be charged therewith, or by some other person
by him or her thereunto lawfully authorized.
Notes of Decisions
Mut. Dev. Corp. v. Ward Fisher & Co., 47 A.3d 319 (R.I. 2012).
· cites it 8× “On appeal, the plaintiff contends that the hearing justice improperly interpreted and applied subsection 6 of G.L.1956 § 9-1-4,' the Statute of Frauds, in deciding that said subsection could properly be invoked with respect to an alleged oral finder’s fee agreement between the…”
Filippi v. Filippi, 818 A.2d 608 (R.I. 2003).
· cites it 6× “Under G.L.1956 § 9-1-4, which states that “[n]o action shall be brought: (1) Whereby to charge any person upon any contract for the sale of land, * * * unless the promise or agreement upon which the action shall be brought * * * shall be in writing, and signed by the party to be…”
MacKnight v. Pansey, 412 A.2d 236 (R.I. 1980).
· cites it 8× “Pansey empowered Carreiro to form the contract. Moreover, there is in the record no written sales contract signed by Mrs.”
Bourdon's, Inc. v. Ecin Indus., Inc., 704 A.2d 747 (R.I. 1997).
· cites it 4× “1956 § 9-l-13(a), and we further hold that the Statute of Frauds, § 9-1-4, is inapplicable to a claim of misrepresentation, fraud, and/or deceit.”
Anthony Bucci v. Lehman Bros. Bank, FSB, 68 A.3d 1069 (R.I. 2013).
· cites it 2× “The plaintiffs also assert that "any alleged agreement between [MERS and the note holder] violates the Statute of Frauds” contained in G.L.1956 § 9-1-4. However, plaintiffs failed to raise this argument before the trial justice, and, in accordance with our well-recognized…”
UXB Sand & Gravel, Inc. v. Rosenfeld Concrete Corp., 641 A.2d 75 (R.I. 1994).
· cites it 3× “Despite the flexibility of § 9-1-4, it remains axiomatic that in order to satisfy the statute of frauds, a memorandum must contain evidence that “a contract has been made by [the parties] or offered by the signatory [of the memorandum] to the other [party].”
Smith v. Boyd, 553 A.2d 131 (R.I. 1989).
· cites it 2× “1956 (1985 Reenactment) § 9-1-4, which provides: “Statute of frauds.”
Vigneaux v. Carriere, 845 A.2d 304 (R.I. 2004).
· cites it 2× “On May 17, 2001, plaintiff filed a breach of contract claim in Superior Court seeking specific performance.”
Brochu v. Santis, 939 A.2d 449 (R.I. 2008).
· cites it 2× “On August 23, 2006, defendant filed a motion for summary judgment, arguing that any agreement between the parties was a contract for the sale of land for which, in accordance with the Statute of Frauds, G.L.1956 § 9-1-4, a writing was required.”
731 Airport Assocs., LP v. H & M Realty Assocs., LLC, 799 A.2d 279 (R.I. 2002).
“General Laws 1956 § 9-1-4, Rhode Island’s statute of frauds, provides in relevant part: “No action shall be brought: (1) Whereby to charge any person upon any contract for the sale of lands, tenements, or hereditaments, or the making of any lease thereof for a longer term than…”
— R.I. Gen. Laws § 9-1-4(5) — 1 case
— R.I. Gen. Laws § 9-1-4(6) — 1 case
— R.I. Gen. Laws § 9-1-4(7) — 2 cases
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