Lawyer Commentary Mondaq United States MS Supreme Court Allows Equitable Remedies Notwithstanding Statute Of Frauds, Overruling Prior Precedent

MS Supreme Court Allows Equitable Remedies Notwithstanding Statute Of Frauds, Overruling Prior Precedent

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Mississippi has multiple statutes of frauds, which require certain contracts be in a writing signed by the party to be charged in order to be enforceable. A frequently seen example is a contract for the sale of land. In addition to being reduced to a signed writing, a contract for the sale of land must describe with reasonable certainty the land to be sold and state the purchase price and payment terms.

Courts have historically refused to order specific performance if a contract for the sale of land violated the statute of frauds. In 2014, the Mississippi Supreme Court took this a step further and held that "an equitable lien is not appropriate to enforce a contract that otherwise fails to meet the requirements of the...

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