Vermont Statutes Annotated

Vt. Stat. Ann. tit. 12, § 181 (2026)

✓ current as of May 2026

Find cases: SyfertCases citing this section VT-LEGlegislature.vermont.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(Cite as: 12 V.S.A. § 181)

§ 181. Agreements required to be written

An action at law shall not be brought in the following cases unless the promise, contract, or agreement upon which such action is brought or some memorandum or note thereof is in writing, signed by the party to be charged therewith or by some person thereunto by him or her lawfully authorized:

(1) A special promise of an executor or administrator to answer damages out of his or her own estate.

(2) A special promise to answer for the debt, default, or misdoings of another.

(3) An agreement made in consideration of civil marriage.

(4) An agreement not to be performed within one year from the making thereof.

(5) A contract for the sale of lands, tenements, or hereditaments, or of an interest in or concerning them. Authorization to execute such a contract on behalf of another shall be in writing.

(6) An agreement to cure, a promise to cure, a contract to cure, or warranty of cure relating to medical care or treatment or the results of a service rendered by a health care professional which shall mean a person or corporation licensed by this State to provide health care or professional services as a physician, dentist, registered or licensed practical nurse, optometrist, podiatrist, chiropractor, physical therapist, or psychologist, or an officer, employee, or agent thereof acting in the course and scope of his or her employment.

(7) An agreement to cure, a promise to cure, a contract to cure, or warranty of cure relating to medical care or treatment rendered by a health provider, which shall mean a corporation, facility, or institution licensed to provide health care as a hospital. (Amended 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1975, No. 250 (Adj. Sess.), § 1, eff. April 7, 1976.)

Notes of Decisions

Cited in 81 cases (14 in the last 5 years), 1961–2026 · leading case: Contractor's Crane Serv., Inc. v. Vermont Whey Abatement Auth., 519 A.2d 1166 (Vt. 1986).

Sort: Relevance Newest Treatment

Contractor's Crane Serv., Inc. v. Vermont Whey Abatement Auth., 519 A.2d 1166 (Vt. 1986). · cites it 5× “Defendants have argued at trial and now on appeal that none of the documents submitted as exhibits in this case satisfy the Statute of Frauds, 12 V.S.A. § 181. The Statute applies to, inter alia, “[a] special promise to answer for the debt, default or misdoings of another.”

Kellogg v. Shushereba, 2013 VT 76 (Vt. 2013). · cites it 2× “See 12 V.S.A. § 181 (requiring that an action on a real estate contract cannot be brought unless the agreement is in writing and signed).”

In Re Vitale, 563 A.2d 613 (Vt. 1989). · cites it 2× “This is wholly irrelevant, however, since under the Statute of Frauds (12 V.S.A. § 181(5)) agreements relating to real property are not binding unless reduced to writing and signed by the party to be charged.”

Stamato v. Quazzo, 423 A.2d 1201 (Vt. 1980). · cites it 2× “The defendants also argue that the Statute of Frauds, 12 V.S.A. § 181, precludes plaintiff's claim as there was no written agreement to put title in the name of the plaintiff and the defendant Ugo Quazzo.”

Quenneville v. Buttolph, 2003 VT 82 (Vt. 2003). “An oral agreement may be removed from the Statute of Frauds contained in 12 V.S.A. § 181 if the proponent “can show that, in reliance on the agreement, he or she suffered a substantial and irretrievable change in position.”

Couture v. Lowery, 168 A.2d 295 (Vt. 1961). · cites it 5× “This section of the Statute relied upon is 12 V.S.A. §181 which, in so far as here applicable, is as follows: “An action at law or in equity shall not be brought in the following cases unless the promise, contract or agreement upon which such action is brought or some…”

Prue v. Royer, Sr., & Dep't of Liquor Control, 2013 VT 12 (Vt. 2013). “Having determined that the agreement was a contract for deed, we turn to defendant’s claim that the two modifications in 2004 and 2006 — both of which took the form of amended *281 payment schedules signed by all parties — are unenforceable under the Statute of Frauds.”

Benya v. Stevens & Thompson Paper Co., 468 A.2d 929 (Vt. 1983). · cites it 3× “12 V.S.A. § 181 (5). It is also recognized that a written offer that is orally accepted may constitute a sufficient memorandum of the contract provided the offeror is the party to be charged.”

Ferrisburgh Realty Investors v. Schumacher, 2010 VT 6 (Vt. 2010). “See 12 V.S.A. § 181(5) (no action at law may be brought in cases involving a contract for the sale of land or of an interest in or concerning them “unless the promise, contract or agreement upon which such action is brought or some memorandum or note thereof is in writing,…”

Savage v. Walker, 2009 VT 8 (Vt. 2009). “The court agreed that the Statute of Frauds, 12 V.S.A. § 181(5), required plaintiff to produce written evidence of his alleged agreement with Ms.”

Willey v. Willey, 2006 VT 106 (Vt. 2006). “12 V.S.A. § 181(5). The family court went on to conclude that the Statute of Frauds did not bar enforcement of the oral agreement.”

Lawrence v. Pelletier, 572 A.2d 936 (Vt. 1990). · cites it 2× “Defendant asserts that the trial court permitted proof by parol evidence of the two transactions at the Cross Brothers’ *32 Store in violation of the Statute of Frauds, 12 V.S.A. § 181. 1 Both plaintiff and her sister-in-law, Mary Cross, testified over the timely objection of…”

Show all 81 citing cases →

— Vt. Stat. Ann. tit. 12, § 181(2) — 7 cases

Contractor's Crane Serv., Inc. v. Vermont Whey Abatement Auth., 519 A.2d 1166 (Vt. 1986). “Defendants have argued at trial and now on appeal that none of the documents submitted as exhibits in this case satisfy the Statute of Frauds, 12 V.S.A. § 181. The Statute applies to, inter alia, “[a] special promise to answer for the debt, default or misdoings of another.”

Frank W. Whitcomb Constr. Corp. v. Cedar Constr. Co., 459 A.2d 985 (Vt. 1983).

Johnson v. Russell, 356 A.2d 538 (Vt. 1976).

Weale v. Lund, 649 A.2d 247 (Vt. 1994).

Mack v. Morel (Vt. Super. Ct. 2025).

— Vt. Stat. Ann. tit. 12, § 181(4) — 5 cases

Cameron v. Burke, 572 A.2d 1361 (Vt. 1990).

Frigon v. Whipple, 360 A.2d 69 (Vt. 1976).

Bonfanti v. Ayers, 365 A.2d 268 (Vt. 1976).

McKenny v. John v. Carr & Son, Inc., 922 F. Supp. 967 (D. Vt. 1996).

Mason v. Anderson, 499 A.2d 783 (Vt. 1985).

— Vt. Stat. Ann. tit. 12, § 181(5) — 30 cases

In Re Vitale, 563 A.2d 613 (Vt. 1989). “This is wholly irrelevant, however, since under the Statute of Frauds (12 V.S.A. § 181(5)) agreements relating to real property are not binding unless reduced to writing and signed by the party to be charged.”

Prue v. Royer, Sr., & Dep't of Liquor Control, 2013 VT 12 (Vt. 2013). “Having determined that the agreement was a contract for deed, we turn to defendant’s claim that the two modifications in 2004 and 2006 — both of which took the form of amended *281 payment schedules signed by all parties — are unenforceable under the Statute of Frauds.”

Ferrisburgh Realty Investors v. Schumacher, 2010 VT 6 (Vt. 2010). “See 12 V.S.A. § 181(5) (no action at law may be brought in cases involving a contract for the sale of land or of an interest in or concerning them “unless the promise, contract or agreement upon which such action is brought or some memorandum or note thereof is in writing,…”

Savage v. Walker, 2009 VT 8 (Vt. 2009). “The court agreed that the Statute of Frauds, 12 V.S.A. § 181(5), required plaintiff to produce written evidence of his alleged agreement with Ms.”

Willey v. Willey, 2006 VT 106 (Vt. 2006). “12 V.S.A. § 181(5). The family court went on to conclude that the Statute of Frauds did not bar enforcement of the oral agreement.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.