Statute Of Frauds

Both “warranty” and “guarantee” have legal value, and can be enforced through a court of law, under their respective laws. For example, the Consumer Protection Act, 1986 protects consumers against unfair trade practices like making misleading representations about “guarantee” or “warranty”. However, given that guarantees can be ‘oral or written’ under Indian Contract Act, it becomes difficult to enforce an oral agreement of guarantee.
Similarly, Statue of Frauds in USA requires that certain sale contracts be in writing to be enforceable. In Esselman v. Production Credit Association , the Minnesota Court of Appeals held that “a collateral promise is not enforceable under the Statute of Frauds unless there is a writing”, but an “original” promise