DELAWARE CODE

TITLE 6.  COMMERCE AND TRADE

CHAPTER 27.  CONTRACTS

 

SUBCHAPTER II.  STATUTE OF FRAUDS AND PERJURIES

 

6 Del. C. § 2714 (2002)

 

§ 2714.   Necessity of writing for contracts; definition of writing; evidence

 

(a)  No action shall be brought to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, or to charge any person to answer for the debt, default, or miscarriage, of another, in any sum of the value of $ 25 and upwards, unless the contract is reduced to writing, or some memorandum, or notes thereof, are signed by the party to be charged therewith, or some other person thereunto by the party lawfully authorized in writing.

 

(b)  [omitted]

 

(c) For the purposes of this section, "writing" includes microphotography, photography and photostating, and a microphotographic, photographic or photostatic copy of any agreement covered by this section.  Such copy or copies having been regularly made and kept in the course of business, shall be equally competent as evidence as the original of such agreement, where the original is inaccessible or has been destroyed or otherwise disposed of in good faith in the regular course of business and where the mode of making such microphotograph, photograph or photostat was such as to justify its admission as a true copy of the original.