Hanau v. Ehrlich [1911] UKHL 682 (04 December 1911)

Hanau v. Ehrlich [1911] UKHL 682 (04 December 1911)

The House of Lords held that, given the long-settled judicial construction of the Statute of Frauds 1676, section 4, contracts for a term exceeding one year, even if determinable by notice within a year, are within the statute and must be in writing. It is not proper to disturb this settled interpretation.

Citation
[1911] UKHL 682
Parties
Appellant: Hanau; Respondent: Ehrlich
Jurisdiction
United Kingdom
Judgment Date
04 December 1911
Procedural Posture
Civil Appeal / Appeal From Court of Appeal to House of Lords
Outcome
appeal dismissed
Legal Topics
Statute of Frauds, Requirement of Writing for Contracts Not to Be Performed Within a Year, Settled Construction of Statutes
Contract Law Statutory Interpretation Statute of Frauds Requirement of Writing for Contracts Not to Be Performed Within a Year Settled Construction of Statutes

Case Brief

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Parties

Hanau

Appellant

Ehrlich

Respondent

Procedural Posture

Civil Appeal / Appeal From Court of Appeal to House of Lords

Legal Issues

  1. 1 Whether a contract of employment for two years, determinable by six months' notice, is within the Statute of Frauds 1676, section 4, and thus must be in writing
  2. 2 Whether long-settled judicial construction of ambiguous statutory language should be disturbed

Ratio Decidendi

The House of Lords held that, given the long-settled judicial construction of the Statute of Frauds 1676, section 4, contracts for a term exceeding one year, even if determinable by notice within a year, are within the statute and must be in writing. It is not proper to disturb this settled interpretation.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; judgment for the defendant affirmed.