Tenterden's Act
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
The English Stat. 9 Geo. IV. ch.
14, understood to have been passed at the instance of Lord Tenterden. It is in the nature of an enlarged application of the principle of the statute of frauds, requiring contracts to be in writing. Its leading provisions, as now in force, are epitomized by Brown, thus: In actions of debt or upon the case, grounded upon any simple contract, no acknowledgment or promise by words only is to be deemed a sufficient evidence of a new and continuing contract to take the case out of the statutes of limitations, unless such acknowledgment or promise be in writing, signed by the party chargeable thereby. No action is "to be brought whereby to charge any person upon or by reason of any assurance made concerning the character, conduct, credit, ability, trade, or dealings of any person, to the intent that such person may obtain credit, money, or goods, unless such representations be in writing, and signed by the party to be charged therewith. Section 17 of the statute of frauds — by which it is provided that no contract for the sale of goods for the price of £10 sterling or upwards shall be good, except the buyer accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or some note or memorandum of the said bargain be signed by the parties to be charged by such contract, or their agents lawfully authorized — is extended to all such contracts, notwithstanding that the goods may be intended to be delivered at some future time, or may not at the time of the contract be actually made, procured, or provided, or be fit or ready for delivery.