10

Footnote 10

See Perillo supra note 3, at 41-42. In Anglo-American law, there are many examples of the trend away from formal requirements. For example, the common law seal has little remaining significance. See Restatement (Second) of Contracts, statutory note preceding § 95 (1982). Case law has greatly limited the effects of the statute of frauds through the part performance doctrine, promissory and equitable estoppel (e.g. Monarco v. Lo Greco, 35 Cal. 2d 621, 220 P.2d 737 (1950) (Traynor, J.)), leniency in determining what constitutes a sufficient memorandum, and by permitting restitution and reformation of a contract within the statute of frauds. For a classic examination of the advantages and disadvantages of formal requirements, see Jhering, supra note 5, at 470-504.