Reasonably identities subject of contract ° Sufficient to indicate contract has been made between parties ° States within reasonably certainty essential terms ° except for marriage K’s, SOF may be satisfied by signed writing not made as a memo of contract informal letters, diary entries ° ° Writing requirement can be fulfilled by a several writings if one is signed and other writings clearly indicated relate to same transaction even if there is no internal reference documents may be read together if they clearly relate to the same transaction and the party to be charged has accepted in the contents ° ° Signature may be any symbol made of adopted with intent to authenticate ° ° ° EXCEPTION ° Part performance exception Performance must lead outsider to naturally and reasonably conclude alleged contract actually exists o Possession of property o Valuable improvements Presence of both sufficient to take K out of SOF ° ° May be enforced notwithstanding failure to comply with SOF if party seeking enforcement has reasonably relied on conract and received continuing assent of the party against whom enforcement is sought ° Has so changed position that injustice can be avoided only by specific performance ° °
Promissory Estoppel SOF 10/18/2013 ° a promise ° promisor should reasonably expect to induce reliance ° induces reliance ° enforceable notwithstanding SOF ° if injustice can be avoided only by enforcement of promise ° remedy limited as justice requires ° ° UCC SOF ° Party to be bound admits in pleadings testimony or otherwise that contract was made is enforceable without writing to quantity that was admitted ° ° Payment/Delivery ° If goods are either received and accepted or paid for contract is enforceable ° Not enforceable beyond quantity of goods accepted or paid for ° Only partially enforceable if only some of goods are paid for ° If indivisible item partially paid SOF satisfied for whole item °
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- Fall '06
- Option contract, promise, promisor, professional services, Promisee