This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished.
The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts and dispositions of interest in property had to be made in writing. Guarantees Acknowledgment Act says that a guarantee signed by an individual is ineffective unless the grantor acknowledges before a notary public that he has executed the guarantees and unless the notary public certifies that, the guarantor is aware of the contents of the guarantee and understands it.
If the recommendations of this report are accepted, the requirements of writing established by the <i)statute of=”” frauds<=”” i=””> and the Sale of Goods Act would be retained only for land contracts, conveyances of interests in land, and guarantees. Acknowledgment and certification requirements of the Guarantees Acknowledgment Act would be dropped or continued with some improvements. Three sections in the Law of Property Act would replace in part provisions of four old English statutes. The provision in the Statute of Frauds dealing with guarantees, and the whole of the Guarantees Acknowledgment Act, would be replaced by a Guarantee Act. The Crown would be bound by the legislation.</i)statute>