Defenses to Enforcement

Question 1

Statute of Frauds

Answer 1

Under the Statute of Frauds certain contracts, a contract that induced marriage by offering something of value (M), that cannot be performed within a year (Y), that involve interest in land (L), where executor or administrator promises personally to pay estate debts (E), for the sale of goods priced at $500.00 or more, and that promises to pay the debt of another (S- suretyship promises) must be evidenced by a writing signed by the party to be charged.

Question 2

Statute of Frauds/Sale of Goods No Writing

Answer 2

Under the Statute of Frauds, a contract for the sale of goods priced at $500.00 or more is enforceable without a writing signed by the party to be charged if both parties are merchants, and one of the merchants after an oral agreement sends a written confirmatory memo of the sale terms. It will also bind the receiving merchant, if he knows or has reason to know of the memo’s contents and fails to respond within 10 days.