agreement not to be performed within a year


agreement not to be performed within a year
Within the meaning of the Statute of Frauds, the expression includes only such agreements as, fairly and reasonably interpreted, do not admit of a valid execution within the space of one year. The expression does not refer to a natural or physical impossibility, but an impossibility by the terms of the contract itself, or by the understanding and intention of the parties as shown by the contract. 49 Am J1st Stat of F § 23. If an agreement may consistently with its terms be entirely performed within the year, although it may not be probable or expected that it will be performed within that time, it is not within the condemnation of the statute of frauds. Kent v Kent, 62 NY 560.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • agreement not to be performed within a year — An agreement that necessarily must require more than year for performance. Incapable of performance within one year. Street v. Maddux, Marshall, Moss & Mallory, 58 App.D.C. 42, 24 F.2d 617, 619 …   Black's law dictionary

  • agreement not to be performed within a year — An agreement that necessarily must require more than year for performance. Incapable of performance within one year. Street v. Maddux, Marshall, Moss & Mallory, 58 App.D.C. 42, 24 F.2d 617, 619 …   Black's law dictionary

  • not to be performed within a year — See agreement not to be performed within a year …   Ballentine's law dictionary

  • not to be performed within one year — The clause not to be performed within one year includes any agreement which by a reasonable interpretation in view of all the circumstances does not admit of its performance, according to its language and intention, within one year from the time… …   Black's law dictionary

  • not to be performed within one year — The clause not to be performed within one year includes any agreement which by a reasonable interpretation in view of all the circumstances does not admit of its performance, according to its language and intention, within one year from the time… …   Black's law dictionary

  • contract not to be performed within a year — See agreement not to be performed within a year …   Ballentine's law dictionary

  • performed within a year — See agreement not to be performed within a year …   Ballentine's law dictionary

  • one-year clause — The clause in a statute of frauds respecting an agreement not to be performed within a year. 49 Am J1st Stat of F § 23 …   Ballentine's law dictionary

  • Schengen Agreement — The term Schengen Agreement is used for two agreements concluded among European states in 1985 and 1990 which deal with the abolition of systematic border controls among the participating countries. By the Treaty of Amsterdam, the two agreements… …   Wikipedia

  • Australia-United States Free Trade Agreement — The Australia United States Free Trade Agreement (AUSFTA) is a preferential trade agreement between Australia and the United States modelled on the North American Free Trade Agreement (NAFTA). The FTA was signed on 18 May 2004, ratified by the… …   Wikipedia


Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.