STATUTE OF FRAUDS- COMMON LAW

Question 1

STEPS TO DETERMINE SOF ISSUES

Answer 1

i.Is the contract subject to the statute of frauds?

1. No»>Done with analysis.
2. Yes»>Analyze next question.

ii. Does the contract comply with the writing requirement of the applicable statute of frauds?

1. Yes»>Done with analysis.
2. No»»Analyze next question.
   iii. Is the contract enforceable in spite of its failure to comply with
   the writing requirement of an applicable statute of frauds?
3. To be enforceable under COMMON LAW Statute of
   Frauds:
   a. Essential Terms must be in writing; and
   b. Must be signed by the party against whom the
   enforcement is sought.
4. If fails with the writing requirement:
   a. Contract may be enforceable if the party seeking enforcement can satisfy the elements of Promissory Estoppel:
   i. A promise;
   ii. Promisee relied on promise;
   iii. Actual and justifiable reliance;
   iv. Injustice can only be remedied by
   enforcing the promise.

Question 2

Types of SOF contracts

Answer 2

Marriage
Year
Land
Executor
Guarantee
Sale of Goods

Question 3

A contract complies with the common law SoF if:

Answer 3

1. The contract is evidenced by writing that:
   a. Identifies the subject of the contract; and
   b. Is sufficient to indicate a contract has been made;
   and
   c. Includes the essential terms; and
   d. Is signed by the party against whom the
   enforcement is sought.
   i. If writings were lost/destroyed, courts
   will accept sufficient testimony.
   ii. Courts can make contracts enforceable if
   they meet the elements of promissory
   estoppel.

Question 4

U.C.C. Statute of Frauds;For Sale of Goods $500+

Answer 4

There must be some sufficient writing to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is being sought.
a. [If a term is omitted or misstated, the writing will not be deemed insufficient as to enforceability.]

Question 5

U.C.C. Statute of Frauds; Between Merchants

Answer 5

Unless a written notice of objection is sent within ten
days after receipt by the recipient, a written confirmation [done within a reasonable time] is sufficient confirmation of the contract if the receiving party has reason to know its contents.

Question 6

U.C.C. Statute of Frauds; Other Enforceable Contracts

Answer 6

1. If a buyer orders custom goods and the seller that are
   not suitable for sale to others, before notice of repudiation is received, has made either a substantial beginning of their manufacture or commitments for their procurement.
2. If a party against whom enforcement is sought admits in court that a contract for sale was made; however, it is not enforceable beyond the quantity of goods admitted.
3. Any goods for which payment has been made and accepted or which have been received and accepted.