Defenses - Statute of Frauds Flashcards

1
Q

Modifications of Contract within the SOF

A
  • Look at the contract as modified
  • If contract w/ modification is within SOF, the modification must be in writing
  • **At least if the modification involves an essential term. Ex. If a a two year lease was orally modified just to allow pets this might satisfy SOF because not essential term
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2
Q

Clauses the All Modification Must be in Writing

A

C/L- Generally not enforced

UCC- Are effective

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3
Q

Part Performance of Contract for Sale of Goods

A

If a K violates the SOF, generally a party can sue for the reasonable value of the services or part performance rendered.

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4
Q

Specially Manufactured Goods

A

Once substantial beginning of a specially manufactured good begins the contract is enforceable despite SOF

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5
Q

Judicial Admission

A

SOF defense is lost if a party amends at trial, in pleadings, or discovery, that an agreement was entered into.

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6
Q

What falls within SOF?

A

MY LEGS

  1. Marriage - K in consideration of marriage
  2. Year or more
  3. Land
  4. Executor of estate promises to pay debt of estate from his own money.
  5. Goods of $500 or more
  6. Surety for debt of another party
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7
Q

Confirmatory Memo by Merchant that Satisfies SOF

A
  1. Both parties are merchants
  2. Writing claims there is a K
  3. Writing signed and states quantity
  4. Failure to object to writing w/in 10 days
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