contract enforcement

Question 1

five cases in Restatements when SOF is applicable

Answer 1

(1) executor-administrator, (2) suretyship, (3) marriage, (4) land contract, (5) one-year

Question 2

when is SOF applicable under UCC?

Answer 2

sale of goods > $500, sale of securities

Question 3

when is SOF applicable under CISG?

Answer 3

never - not applicable

Question 4

what is the executor-administrator provision of Restatements SOF?

Answer 4

contract of an executor or administrator to answer for a duty of his decedent

Question 5

what is the suretyship provision of Restatements SOF?

Answer 5

contract to answer for the duty of another

Question 6

what is the marriage provision of Restatements SOF?

Answer 6

contract made upon consideration of marriage (pre-nup)

Question 7

what is the one-year provision of Restatements SOF?

Answer 7

contract that cannot be performed within one year from the making thereof

Question 8

what are the three questions of SOF applicability?

Answer 8

(1) does contract come within coverage of SOF? (2) was there a sufficient writing? (3) if not, does an exception apply?

Question 9

if a contract comes within coverage of SOF, what is required under Restatement view?

Answer 9

needs to be in writing, signed by or on behalf of party to be charged, it reasonably identifies the subject matter of the contract, and has reasonable certainty of essential terms

Question 10

what are the requirements of the writing under SOF using UCC rules?

Answer 10

signed/authenicated by party to be charged, gives a sufficient indication of contract for sale of goods, must specify quantity of goods

Question 11

what are the exceptions to SOF that are shared by Restatements and UCC?

Answer 11

completed performance by one party, or part performance

Question 12

what are the UCC-only exceptions to SOF?

Answer 12

written confirmation without objections, between merchants within 10 days, voluntary admissions, special manufacture, PE

Question 13

How do you meet UCC exception for specially manufactured goods?

Answer 13

Has seller specially manufactured goods for buyer, or made a substantial beginning of their manufacture or for their procurement?

Question 14

How can you meet the ‘Part Performance’ exception to SOF for land transactions?

Answer 14

Take possession of land, made substantial improvements

Question 15

How can you meet the ‘Part Performance’ exception to SOF for the one year rule?

Answer 15

If party has fully performed contract, it can be enforced absent a writing

Question 16

How can you meet the ‘Part Performance’ exception to SOF for sale of goods?

Answer 16

Writing not required for goods which have been accepted and paid for, or which have been received and accepted