You’re three weeks out from the bar exam. You open a Contracts MBE question, and there it is: a handwritten agreement, an oral promise to pay a debt, a contract for the sale of land. Your brain freezes. Was that one covered by the Statute of Frauds? You vaguely remember the MYLEGS mnemonic from bar prep, but can’t recall what half the letters stand for.

The Statute of Frauds appears on roughly 10-15% of Contracts MBE questions, and it’s one of those topics where you either know the rule cold or you’re guessing. There’s no middle ground. The good news? The framework is memorizable. The bad news? Most students confuse which contracts fall under the statute, what “in writing” actually means, and how the exceptions operate.

Let’s break down everything you need to know about the Statute of Frauds for the MBE, starting with that mnemonic everyone half-remembers.

What Is the Statute of Frauds?

The Statute of Frauds requires certain categories of contracts to be evidenced by a writing signed by the party against whom enforcement is sought. Notice what it does NOT require: a formal written contract. It requires a writing—which can be a memo, email, text message, or even multiple documents pieced together—that shows the essential terms and bears the signature of the defendant.

This is a defense to contract formation. If a contract falls within the statute and there’s no sufficient writing, the contract is unenforceable (not void). That means if both parties perform, no one can undo it. But if one party refuses to perform, the other cannot sue for breach.

The key question on the MBE is always: Does this contract fall within the Statute of Frauds?

MYLEGS: The Six Categories That Must Be in Writing

The mnemonic MYLEGS covers the six types of contracts that must satisfy the Statute of Frauds. Here’s what each letter stands for:

M – Marriage
Any promise made in consideration of marriage (other than a mutual promise to marry). Think prenuptial agreements or a promise to transfer property if someone agrees to marry you. The mutual exchange of marriage promises themselves (“I’ll marry you if you marry me”) does not fall under the statute.

Y – Year (One Year Rule)
Any contract that by its terms cannot possibly be performed within one year from the date of contract formation. This is the trickiest category and the one the MBE loves to test. The key word is “cannot possibly.” If there’s any conceivable way the contract could be completed within a year—even if unlikely—it does not fall within the statute.

Example: A promises to employ B “for as long as B lives.” This does not fall under the statute because B could die within a year. Morbid, but true.

Contrast: A promises to employ B “for two years.” This must be in writing because it cannot possibly be performed within one year.

L – Land
Any contract for the sale of an interest in real property. This includes sales of land, easements, mortgages, and leases longer than one year. Short-term leases (one year or less) are typically excluded. The writing must identify the land with reasonable certainty and state the price.

E – Executor
A promise by an executor or administrator to personally pay the debts of an estate out of their own funds. Notice this does not apply when the executor is simply promising to pay debts using estate assets—that’s their job. It only applies when they’re promising to reach into their own pocket.

G – Goods ($500 or More)
Under UCC Section 2-201, any contract for the sale of goods priced at $500 or more must be in writing. This is the most frequently tested Statute of Frauds issue on the MBE. The writing must indicate a contract was made, specify the quantity, and be signed by the party against whom enforcement is sought. Price, delivery terms, and other details can be omitted.

S – Surety (Guarantee Another’s Debt)
A promise to answer for the debt or obligation of another person. The classic example: “If my nephew doesn’t pay his rent, I will.” This is a secondary promise—you’re promising to pay if someone else defaults. A primary promise (“I will pay the rent”) does not fall under the statute even if it benefits a third party.

The main purpose exception applies when the surety’s primary purpose is to benefit themselves (not the debtor). If the guarantor has a substantial economic interest in the transaction, the promise does not need to be in writing.

What Counts as a “Writing”?

The MBE tests this constantly. You don’t need a formal contract drafted by attorneys and notarized. You need:

  1. A writing (or multiple writings that reference each other)
  2. Signed by the party against whom enforcement is sought (the defendant)
  3. Containing the essential terms of the agreement

“Signed” is interpreted broadly. An email signature, a typed name, initials, even a letterhead can suffice. The signature just needs to authenticate the document.

For UCC contracts (sale of goods), the writing only needs to indicate that a contract was made and specify the quantity. That’s it. You can enforce a contract based on a napkin that says “100 widgets to Smith” with a signature.

For common law contracts (real estate, services, employment), you need more detail: parties, subject matter, price, and essential terms.

The Exceptions That Save Oral Contracts

Even if a contract falls within the Statute of Frauds and there’s no writing, you can still enforce it under certain exceptions. The MBE loves testing these.

Part Performance (Real Estate)

An oral contract for the sale of land can be enforced if the buyer has done at least two of the following:

  1. Paid all or part of the purchase price
  2. Taken possession of the property
  3. Made substantial improvements to the property

The theory: when someone has changed their position in reliance on the contract, it would be unjust to allow the other party to hide behind the Statute of Frauds.

Part Performance (UCC Goods)

Under the UCC, an oral contract for goods is enforceable to the extent that:

Critically, the contract is only enforceable for the quantity actually accepted or paid for. If you orally agreed to buy 500 laptops but only accepted delivery of 100, the contract is enforceable only as to those 100.

Specially Manufactured Goods (UCC)

If goods are to be specially manufactured for the buyer, are not suitable for sale to others in the ordinary course of the seller’s business, and the seller has made a substantial beginning of manufacture or commitments to procure them, the oral contract is enforceable. The seller’s reliance substitutes for the writing.

Judicial Admission

If the party against whom enforcement is sought admits in court (pleadings, testimony, or deposition) that a contract was made, the contract is enforceable up to the quantity admitted. This exception exists because the purpose of the Statute of Frauds is to prevent fraud—if you’re admitting the contract exists, there’s no fraud to prevent.

Promissory Estoppel

Some jurisdictions allow enforcement of an oral contract that falls within the Statute of Frauds if there was reasonable, detrimental reliance on the promise and injustice can only be avoided by enforcement. This is a minority view and not universally applied, but it appears on the MBE as a possible defense.

Common MBE Traps

Trap #1: The One-Year Rule
Students constantly misapply this. It’s not about how long the contract will likely take. It’s about whether performance is possible within one year. An employment contract “for life” or “until retirement” does not fall under the statute because the employee could die or retire within a year.

Trap #2: Part Performance Confusion
Part performance is an exception for land contracts and UCC goods contracts, but the requirements differ. For land, you need two of three acts. For goods, acceptance or payment alone suffices, but only for the quantity involved.

Trap #3: Modifications Under the UCC
If you have a written contract for goods and later orally modify it, the modification must also satisfy the Statute of Frauds if the contract as modified is for $500 or more. An oral agreement to increase an order from $400 to $600 is unenforceable.

Trap #4: Who Must Sign?
Only the party against whom enforcement is sought (the defendant) must sign. If you’re suing me for breach, you need my signature on the writing, not yours.

Putting It All Together: A Hypothetical

Let’s apply this. You see this fact pattern on the MBE:

Buyer and Seller orally agree that Buyer will purchase Seller’s beach house for $800,000. Buyer pays Seller $50,000 as a down payment. Seller emails Buyer confirming the price and property address but does not sign the email. Buyer moves into the house and begins renovations. Seller later refuses to complete the sale. Is the contract enforceable against Seller?

Analysis:

The answer: Enforceable under the part performance exception.

What to Memorize for Test Day

Here’s your takeaway checklist:

MYLEGS categories:

Writing requirements:

Key exceptions:

One-year rule: Ask “Is it possible to complete within one year?” not “Will it likely take more than a year?”

If you’re serious about locking down these distinctions, FlashTables organizes all 106 Contracts rules—including every Statute of Frauds element and exception—into a two-column format designed for active recall. You test yourself on the rule name and try to recite the elements before flipping to check. It’s how you turn MYLEGS from a vague mnemonic into reflexive knowledge.

The Statute of Frauds isn’t conceptually difficult. It’s a memorization game. Know the six categories. Know what satisfies the writing requirement. Know the exceptions. Do that, and you’ll pick up easy points on test day while other students are still trying to remember what the “E” stands for.