Defenses - Statute of Frauds

Question 1

Modifications of Contract within the SOF

Answer 1

• 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

Question 2

Clauses the All Modification Must be in Writing

Answer 2

C/L- Generally not enforced

UCC- Are effective

Question 3

Part Performance of Contract for Sale of Goods

Answer 3

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

Question 4

Specially Manufactured Goods

Answer 4

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

Question 5

Judicial Admission

Answer 5

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

Question 6

What falls within SOF?

Answer 6

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

Question 7

Confirmatory Memo by Merchant that Satisfies SOF

Answer 7

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