Chapter 23 - Miscellaneous Contracts And Actions; Statute Of Frauds
CHAPTER 23 - MISCELLANEOUS CONTRACTS AND ACTIONS; STATUTE OFFRAUDS
1-23-101. Right of actions abolished.
Therights of action to recover money as damage for the alienation of affections,criminal conversation, seduction or breach of contract to marry are abolished.No act done in this state shall give rise, either in or out of this state, toany of the rights of action abolished. No contract to marry made in this stateshall give rise, either in or out of this state, to any right of action for thebreach thereof.
1-23-102. Contracts or instruments based on right of action declaredvoid; execution of instruments, settling claims or bringing action prohibited.
Allinstruments executed within this state in payment, satisfaction, settlement orcompromise of any claim or cause of action abolished or barred by W.S. 1-23-101,whether the claim or cause of action arose in or out of this state, are void.It is unlawful to cause any person to execute a contract or instrument or causeany person to give, pay, transfer or deliver any money or thing of value inpayment, satisfaction, settlement or compromise of any such claim or cause ofaction, or to receive, take or accept any money or thing of value as payment,satisfaction, settlement or compromise of any such claim or cause of action. Itis unlawful to commence or cause to be commenced, either as party, attorney oras agent of either in any court of this state, any proceeding or action seekingto enforce or recover upon any such contract or instrument, knowing it to besuch, whether executed in or out of this state.
1-23-103. Filing pleading or service of process prohibited.
Itis unlawful for a person either as a party, attorney or an agent of either, tofile or serve or threaten to cause to be filed or served, any process orpleading in any court of the state, setting forth or seeking to recover moneyupon any cause of action abolished or barred by W.S. 1-23-101, whether thecause of action arose in or out of the state.
1-23-104. Penalty for violation of provisions.
Anyperson who violates any of the provisions of W.S. 1-23-102 or 1-23-103, isguilty of a felony punishable by a fine of not less than one thousand dollars($1,000.00) nor more than five thousand dollars ($5,000.00), or by imprisonmentfor a term of not less than one (1) year nor more than five (5) years, or both.
1-23-105. Agreements void unless in writing.
(a) In the following cases every agreement shall be void unlesssuch agreement, or some note or memorandum thereof be in writing, andsubscribed by the party to be charged therewith:
(i) Every agreement that by its terms is not to be performedwithin one (1) year from the making thereof;
(ii) Every special promise to answer for the debt, default ormiscarriage of another person;
(iii) Every agreement, promise or undertaking made upon considerationof marriage, except mutual promise to marry;
(iv) Every special promise by an executor or administrator, toanswer any demand out of his own estate;
(v) Every agreement or contract for the sale of real estate, orthe lease thereof, for more than one (1) year;
(vi) To charge any person upon, or by reason of a representationor assurance concerning the character, conduct, credit, ability, trade ordealings of another, to the intent or purpose that such other may obtainthereby, credit, money or goods.
1-23-106. Gambling contracts void.
Allcontracts, promises, agreements, conveyances, securities, and notes, made,given, granted, executed, drawn or entered into, where the whole or any part ofthe consideration thereof shall be for any money, property or other valuablething won by any gaming, or by playing cards or any gambling device or game ofchance, or by betting on the side or hands of any person gaming or for thereimbursing or paying any money or property knowingly lent or advanced at thetime and place of such play, to any person or persons so gaming or betting,shall be utterly void and of no effect. No assignment of any bill, bond, noteor other evidence of indebtedness, where the whole or any part of theconsideration for such assignment shall arise out of any gaming transaction,shall in any manner offset the defense of the person or persons making,entering into, executing or giving such instrument so assigned, or the remediesof any person interested therein.
1-23-107. Individual liability of members of governmental agencies.
(a) Notwithstanding W.S. 1-39-101 through 1-39-121, the membersof any governmental board, agency, council, commission or governing body arenot individually liable for any actions, inactions or omissions by thegovernmental board, agency, council, commission or governing body.
(b) This section does not affect individual liability forintentional torts or illegal acts.