Utah Code » Title 25, Chapter 5 — Statute of Frauds
Utah Code

Utah Code § 25-5-8 (2026)

Right to specific performance not affected

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Nothing in this chapter contained shall be construed to abridge the powers of courts to compel the specific performance of agreements in case of part performance thereof.

No Change Since 1953

Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1956–2025 · leading case: Spears v. Warr, 2002 UT 24, 44 P.3d 742.
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Spears v. Warr, 2002 UT 24, 44 P.3d 742. · cites it 2× “; Utah Code Ann. § 25-5-8 (1998) ("Nothing in this chapter contained shall be construed to abridge the powers of courts to compel the specific performance of agreements in case of part performance thereof.”
Jenkins v. Percival, 962 P.2d 796 (Utah 1998). · cites it 4× “2d 611, 614 (Utah 1975); see also Utah Code Ann. § 25-5-8 (1995); 71 Am.Jur.”
Verdi Energy Grp., Inc v. Nelson, 2014 UT App 101, 326 P.3d 104. · cites it 5× “7 See also Utah Code Ann. § 25-5-8 (LexisNexis 2013) (explaining that under the Utah Statute of Frauds, "[elvery contract .”
Randall v. Tracy Collins Trust Co., 305 P.2d 480 (Utah 1956). · cites it 4× “The question of adequacy of damages was therefore not raised and the case is clearly not in point.”
Martin v. Scholl, 678 P.2d 274 (Utah 1983). · cites it 2× “, 1953, § 25-5-8 of the Utah Statute of Frauds provides: Nothing in this chapter contained shall be construed to abridge the powers of courts to compel the specific performance of agreements in case of part performance thereof.”
Downtown Athletic Club v. Horman, 740 P.2d 275 (Utah Ct. App. 1987). · cites it 2× “Utah Code Ann. § 25-5-8 (1984). DAC alleges that it partly performed the oral modification by attempting to secure the specified construction and *280 long-term financing, by selling memberships to the clubs, and by retaining firms to perform the engineering studies.”
MediaNews Grp., Inc. v. McCarthey, 432 F. Supp. 2d 1213 (D. Utah 2006). · cites it 4× “See Utah Code Ann. § 25-5-8 (“Nothing in this chapter [Statute of Frauds] shall be construed to abridge the powers of courts to compel the specific performance of agreements in case of part performance thereof.”
Krantz v. Holt, 819 P.2d 352 (Utah 1991). · cites it 2× “Krantz argues that even if section 25-5-1 of the statute of frauds mandates that Stephen Holt’s approval be in writing, section 25-5-8 excuses that requirement because there was part performance of the agreement.”
MediaNews Grp., Inc. v. McCarthey, 494 F.3d 1254 (10th Cir. 2007). “See Utah Code § 25-5-8 (“Nothing in this chapter contained shall be construed to abridge the powers of courts to compel the specific performance of agreements in case of part performance thereof.”
Jdw-cm, LLC v. Clark LHS, LLC, 2014 UT App 70, 323 P.3d 604. · cites it 8× “Utah Code Ann. § 25-5-8 (LexisNexis 2018) 5 Plaintiff argues that this section of the statute is not implicated because Plaintiff is not seeking to enforce an unfulfilled oral contract.”
Bradshaw v. McBride, 649 P.2d 74 (Utah 1982). “To meet the part performance exception to the statute of frauds, § 25-5-8, the terms of the oral contract must be clear and definite and established by clear and definite testimony.”
Baldwin v. Vantage Corp., 676 P.2d 413 (Utah 1984). “Assuming for the purposes of this case that a buyer has such a remedy, it clearly was not available to the plaintiffs in this case since there had been part performance of the contract, thereby removing it from the statute of frauds, § 25-5-8. Both parties admitted the existence…”
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