Written Proof

In contracts for the sale of goods exceeding €12.70, enforcement requires written evidence, part payment, or other acts like receipt and acceptance of goods. Similarly, guarantees must be documented in writing unless they are primary obligations. Land-related contracts must also meet these formalities, including leases exceeding one year, though equity may intervene in cases of part performance to prevent injustice.

Part performance, such as substantial steps in reliance on an agreement, can override the absence of written proof where inequity would result. Courts require acts clearly referable to the agreement, often involving possession or payment. Estoppel may also bar reliance on the Statute where one party induces another’s reliance to their detriment.

While restitution and equitable principles can mitigate strict requirements, these mechanisms aim to balance formal legal defences with fairness in individual circumstances.

Read a detailed Article on this subject with the Legislation and Cases, browse Irish Legal Guide  or Contact Us for advice below.