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Marriage Provision – Contracts II Outline

Contracts II

Marriage Provision

  1. The following classes of contracts are subject to . . . . the Statute of Frauds, forbidding enforcement unless there is a written memorandum . . .
    1. a contract made upon consideration of marriage (the marriage provision);
Restatement Second of Contracts § 124
Restatement Second of Contracts § 124

Contract Made Upon Consideration of Marriage

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A promise for which all or part of the consideration is either marriage or a promise to marry is within the Statute of Frauds, except in the case of an agreement which consists only of mutual promises of two persons to marry each other.

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