DEFENSES

Question 1

DEFENSES

Answer 1

CAPACITY
UNCONSCIONABILITY
DURESS (ECONOMIC)
AMBIGUITY
MISREPRESENTATION
FRAUD
MISTAKE (UNI/BI)
SOF

Question 2

SOF

Answer 2

1. Promise to Marry
2. Term of Years (K may not be performed within a year)
3. Land /Interest in real property
4. Executor
5. Goods 500 plus and UCC
6. Suretyship Pay the debt of ANOTHER. Main Purpose rule. If the guarantor was to benefit himself then it is NOT a surety and it is an exception to the SOF.

Question 3

EXCEPTIONS TO SOF

Answer 3

1. REAL ESTATE (LEASE LESS PART PERF)
2. SERVICE K FULL PERF
3. GOODS (ACCEPTANCE, CUSTOM, JUDGE)
4. MWM (MOW10 )
5. MAIN PURPOSE IN SURETISHIP

Question 4

MODIFICATION AND SOF

Answer 4

ONLY IF NEW K IS IN THE SOF

Question 5

CLAUSE AGAINST ORAL MODIFICATIONS

Answer 5

IN COMMON LAW ARE UNENFORCEABLE SO CAN MODIFY K

Question 6

SOF REQUIREMENTS FOR UCC

Answer 6

QUANTITY

Question 7

SOF REQUIREMENTS FOR CL

Answer 7

MATERIAL TERMS AND SIGNED BY THE PARTY TO BE CHARGED

Question 8

SOF AND CUSTOM MADE GOODS

Answer 8

Oral contracts for specially manufactured goods not suitable for sale in the ordinary course of the seller’s business also are enforceable when the seller has begun substantially to perform.

Question 9

SOF AND GOODS

Answer 9

An oral contract for such goods is enforceable to the extent of goods received and accepted by the buyer OR
Admitted during judicial proceedings