Statute of Frauds (Bahamas) Act


Published: 1830-01-11

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Statute of Frauds (Bahamas) Act
STATUTE OF FRAUDS (BAHAMAS) [CH.155 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

STATUTE OF FRAUDS (BAHAMAS)
CHAPTER 155

STATUTE OF FRAUDS (BAHAMAS)

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Verbal promise not sufficient evidence of the continuance of any contract.
3. Proceedings when any defendant shall plead that any other party ought to be jointly sued.
4. No endorsement by the party to whom payment is made, to operate against said enactment.
5. Said enactment and this Act applicable to any debt, etc., by way of set-off.
6. Verbal promise, made after full age, of payment of debts contracted during infancy not binding.
7. No person shall be charged by reason of any verbal representation regarding the credit of

another.

STATUTE OF FRAUDS (BAHAMAS) [CH.155 – 3


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 155

STATUTE OF FRAUDS (BAHAMAS)
An Act for rendering a written memorandum necessary

to the validity of certain promises and agreements.
[Commencement 11th January, 1830]

1. This Act may be cited as the Statute of Frauds
(Bahamas) Act.

2. In actions of debt, or on the case, grounded upon
any simple contract, no acknowledgement or promise, by
words only, shall be deemed sufficient evidence in any of
the courts of The Bahamas, of a new or continuing
contract, whereby to take any case out of the operation of
the Limitation Act, or to deprive any party of the benefit
thereof, unless such acknowledgement or promise shall be
made or contained by or in some writing to be signed by
the party chargeable thereby; and that where there shall be
two or more joint contractors, or executors or
administrators of any contractor, no such joint contractor,
executor or administrator, shall lose the benefit of the said
enactment, so as to be chargeable in any respect, or by
reason only of any written acknowledgement or promise,
made and signed by any other or others of them:

Provided that nothing herein contained shall alter, or
take away, or lessen, the effect of any payment of principal
or interest, made by any person whatsoever:

Provided also that in actions to be commenced
against two or more such joint contractors, or executors,
or administrators, if it shall appear at the trial, or
otherwise, that the plaintiff, though barred by the said
enactment, as to one or more of such joint contractors, or
executors, or administrators, shall, nevertheless, be entitled
to recover against any other or others of the defendants, by
virtue of a new acknowledgement or promise, or otherwise,
judgment may be given and costs allowed for the plaintiff,
as to such defendant or defendants against whom he shall
recover, and for the other defendant or defendants against
the plaintiff.

8 of 1830

Short title.

Verbal promise
not sufficient
evidence of the
continuance of
any contract.

Ch. 83.

Proviso
respecting joint
contractors.

CH.155 – 4] STATUTE OF FRAUDS (BAHAMAS)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

3. If any defendant or defendants in any action on
any simple contract, shall plead any matter in abatement to
the effect that any other person or persons ought to be
jointly sued, and issue be joined on such plea, and it shall
appear at the trial that the action could not, by reason of the
said enactment, be maintained against the other person or
persons named in such plea, or any of them, the issue
joined in such plea shall be found against the party
pleading the same.

4. No endorsement or memorandum of any
payment, written or made, after the time appointed for this
Act to take effect, upon any promissory note, bill of
exchange or other writing, by or on behalf of the party to
whom such payment shall be made, shall be deemed
sufficient proof of such payment, so as to take the case out
of the operation of the said enactment.

5. The said enactment, and this Act, shall be
deemed and taken to apply to the case of any debt or simple
contract alleged by way of set-off, on the part of any
defendant, either by plea, notice or otherwise.

6. No action shall be maintained whereby to charge
any person upon any promise made, after full age, to pay
any debt contracted during infancy, or upon any ratifica-
tion, after full age, of any promise or simple contract made
during infancy, unless such promise or ratification shall be
made by some writing, signed by the party to be charged
therewith.

7. No action shall be brought whereby to charge any
person upon, or by reason of any representation or
assurance made or given concerning or relating to the
character, conduct, credit, ability, trade or dealings, of any
other person, to the intent or purpose that such other
person may obtain credit, money or goods thereupon,
unless such representation or assurance be made in writing,
signed by the party to be charged therewith.

Proceedings
when any
defendant shall
plead that any
other party ought
to be jointly
sued.

No endorsement
by the party to
whom payment is
made, to operate
against said
enactment.

Said enactment
and this Act
applicable to any
debt, etc., by way
of set-off.

Verbal promise,
made after full
age, of payment
of debts
contracted
during infancy
not binding.

No person shall
be charged by
reason of any
verbal
representation
regarding the
credit of another.

Related Laws

1912 Oaths Act