Statute of Frauds

Question 1

statute of frauds

Answer 1

ks subject to SoF require special proof of their existence

Failing SoF makes k invalid

Question 2

UCC requirements

Answer 2

quantity
+
D’s signature

Question 3

common law requirements

Answer 3

all material terms (who, what)
+
D’s signature

Question 4

methods of satisfying SoF

Answer 4

1. signed writing
2. performance

Question 5

signed writing

Answer 5

writing containing signature of party to be charged (asserting SoF defense)

Question 6

UCC exception to signed writing

Answer 6

signed writing NOT required if:
1. both parties are merchants
2. agree to contract
3. party asserting SoF defense received a signed writing memorializing agreement + essential terms and failed to respond w/in 10 days of receipt

essential term is quantity NOT price

Question 7

types of performance methods
that satisfy SoF

Answer 7

1. service k
2. sales of good k
3. real estate k

Question 8

service k

Answer 8

ONLY full performance

if partial performance, go to restitution

Question 9

sales of good k

Answer 9

delivery + acceptance of goods
OR
goods paid for (if it can be apportioned)

Question 10

custom-made goods

Answer 10

once seller makes a substantial beginning toward performance
(b/c cannot resell to someone else)

Question 11

real estate

Answer 11

part performance of buyer satisfies SoF if buyer has done two of the following three
1. full or part payment
2. possession of property
3. improvements to property

Requires 2 of 3 things

Question 12

judicial admissions exceptions

Answer 12

agreement admitted to under oath enforceable w/out writing

Question 13

modifications

Answer 13

must be in writing ONLY if modified k w/in SoF

ET: evaluated under new k, NOT old one

EXCEPTION: writing required if old k says all modifications must be in writing

Question 14

clauses prohibiting oral modification

Answer 14

CL: unenforceable
UCC: enforceable