Are there any defenses to block. enforcement of the contract Flashcards

(6 cards)

1
Q

Rule for defense

A

A defense is a behavior at the time of the forming of the contract that allows the parties to disavow the contract. The defense of [insert defenses here] apply. [Insert Rule Statement].

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2
Q

What is the statute of frauds?

A

UCC 2-201 States that a contract for the sale of goods of (1) $500 or more is not enforceable unless there is 2) sufficient writing to (3) indicate that a contract for sale has been made between parties and (4) signed by the party against whom enforcement is sought.

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3
Q

What is the term that is required for Statute of frauds?

A

Quantity

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4
Q

What about when between merchants?

A

o When between merchants, if a written confirmation of the agreement is returned to the sender, it is sufficient considering that the party receiving it had reason to know of its contents and failed to give notice of objection within 10 days after it is received. § 2-201(2).

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5
Q

What is the scope of the Statute of Frauds?

A

Marriage; contracts that cannot be completed with a Year; Land; Executorships; Goods > $500; and Suretyships. (MYLEGS)

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6
Q

What are the exceptions to statute of frauds?

A

Under § 2-201(3), exceptions to the Statute of Frauds include: (1) If the goods are specially manufactured or made commitments for their procurement; (2) if the party admits a contract was formed; and (3) if payment was received

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