Contracts 2 Anderson - CHAPTER 4 STATUTE OF FRAUDS I INTRODUCTION SOF is an affirmative defense and must be raised in that parties pleadings or it is

Contracts 2 Anderson - CHAPTER 4 STATUTE OF FRAUDS I...

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CHAPTER 4 STATUTE OF FRAUDS I. INTRODUCTION : SOF is an affirmative defense, and must be raised in that parties pleadings or it is waived. A. Written Memorandum : A K w/in the SOF’s scope req a written memorandum, not that the whole K be written 1. Only the party against whom enforcement is sought need to have signed it. 2. The consequence of non-compliance is un-enforceability, not invalidity. 3. Electronic recording satisfies the requirements. B Question Flowchart 1.Does the K fall within the Statute? If yes then: 2.Is the K reflected in a writing that satisfies the statute? If yes it is enforceable, if no then: 3.Does the case fall within one of the exceptions to the statute that permit enforcement despite non-compliance? If yes K is enforceable, if no then K is unenforceable. (1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing. A. (2) Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) against such party unless written notice of objection to its contents is given within 10 days after it is received. 1. (3) A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable if: a. (a) the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller's business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that
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the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or a. (b) the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or a. (c) with respect to goods for which payment has been made and accepted or which have been received and accepted o Notes a. Restatement S.110 1. (1) The following classes of contracts are subject to a statute, commonly called the Statute of Frauds, forbidding enforcement unless there is a written memorandum or an applicable exception: 1.
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