Defenses

Question 1

Statute of frauds, writing requirements, and part performance

Answer 1

Some contracts are required to be in writing. Those contracts are those for marriage, contracts that cant be performed one year, contacts for sale of land, executors of estate, guaranty, and sale of goods of $500 or more.

The statute of frauds requires the writing to include (1) basic terms (2) signed by the party to be charged, any symbol is sufficient.
Common law basic terms: price, parties
UCC basic terms: parties and quantity of goods unless output contract.

Part performance exception (land): A violation of the statute of frauds will be excused if the party made partial payment and either (1) took possession of the land or (2) made improvements to the land.

Merchant confirmatory memo (goods): If a seller sends a signed confirmation of an oral agreement for the sale of goods that is signed by the seller and includes the quantity term, the memo satisfies the statute of frauds if the buyer does not object to the memo within 10 days of receipt.

Question 2

Minority

Answer 2

A contract is voidable at the option of the minor. In Florida, however, the minor cannot use the minority as a defense if they fraudulently misrepresented their age.

Question 3

Mistake

Answer 3

Unilateral mistake: A unilateral mistake is when one party is mistaken. Unilateral mistake is not a defense to contract unless the other party knew of the mistake.
Mutual mistake: A mutual mistake is when both parties are mistaken

Question 4

Impossibility

Answer 4

A contract is impossible if objectively, nobody could perform the contract.

Question 5

Impracticability

Answer 5

Due to unforeseen circumstances, although performance is possible, it is too impractical or unfair to perform. However, some fluctuation in price is foreseeable and would have to be extreme for impracticability based on price.