Statute of Frauds 2 Flashcards
SOF: satisfactory writing?
one or more signed writings that reflect material terms signed by party to be charged (sued, i.e., D or its authorized agent
SOF: what kind of signature format satisfies SOF?
typed, initialed, on a letterhead, or electronic
SOF: CL satisfactory writing (2)
writing includes:
1. nature and subject matter of K
2. essential terms of agreement
SOF: CL when may several writings be combined into one sufficient to satisfy SOF (3)
If:
1. signed writing is attached to other writing by party to be charged
2. signed writing refers to the unsigned writings, OR
3. signed and unsigned docs clearly refer to the same subject matter
SOF: UCC satisfactory writing
requires quantity of goods; enforceable up to stated quantity
SOF: UCC exceptions to writing requirement (4) (acryonym)
SWAP:
1. specially manufactured goods
2. written confirmation by merchant
3. admission in court
4. partial performance
SOF: UCC exceptions, specially manufactured goods high-level
goods manufactured to buyer’s specs, substantial reliance by seller
SOF: UCC exceptions, written confirmation by merchant
between merchants, signed written confirmation of an oral agreement sent w/in reasonable time will also bind recipient, if:
1. recipient has reason to know of confirmation’s contents (quantity), AND
2. does not object in writing w/in 10 days, AND
3. actually received by the party to be charged
SOF: UCC exceptions, admission in court bound by
up to quantity admitted
SOF: UCC exceptions, partial performance examples
payment made & accepted, goods received & accepted
SOF alternative enforcement methods (2)
- promissory estoppel: reliance on a promise of creating signed writing
- quasi-contract: recovery of value for benefits conferred where there is unjust enrichment
