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Part IV Statutes of Frauds. R2 § 110. Classes of Contracts Covered (1) The following classes of contracts [may not be enforced] unless there is a written.

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Presentation on theme: "Part IV Statutes of Frauds. R2 § 110. Classes of Contracts Covered (1) The following classes of contracts [may not be enforced] unless there is a written."— Presentation transcript:

1 Part IV Statutes of Frauds

2 R2 § 110. Classes of Contracts Covered (1) The following classes of contracts [may not be enforced] unless there is a written memorandum or an applicable exception: (a) a contract of an executor or administrator to answer for a duty of his decedent (the executor-administrator provision); (b) a contract to answer for the duty of another (the suretyship provision); (c) a contract made upon consideration of marriage (the marriage provision); (d) a contract for the sale of an interest in land (the land contract provision); (e) a contract that is not to be performed within one year from the making thereof (the one-year provision).

3 R2 § 130. Contract Not to Be Performed Within a Year (1)Where any promise in a contract cannot be fully performed within a year from the time the contract is made, all promises in the contract are within the Statute of Frauds until one party to the contract completes his performance. (2) When one party to a contract has completed his performance, the one-year provision of the Statute does not prevent enforcement of the promises of other parties.

4 R2 § 131. General Requisites of a Memorandum Unless additional requirements are prescribed by the particular statute, a contract within the Statute of Frauds is enforceable if it is evidenced by any writing, signed by or on behalf of the party to be charged, which (a) reasonably identifies the subject matter of the contract, (b) is sufficient to indicate that a contract with respect thereto has been made between the parties or offered by the signer to the other party, and (c) states with reasonable certainty the essential terms of the unperformed promises in the contract.

5 R2 § 132. Several Writings The memorandum may consist of several writings if one of the writings is signed and the writings in the circumstances clearly indicate that they relate to the same transaction.

6 R2 § 134. Signature The signature to a memorandum may be any symbol made or adopted with an intention, actual or apparent, to authenticate the writing as that of the signer.

7 UCC § 2-201(1): General Requirements Except as otherwise provided in this section, a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing.

8 UCC § 2-201(2): Merchants Confirmation Exception Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) against such party unless written notice of objection to its contents is given within 10 days after it is received.

9 UCC § 2-201(3): Other Exceptions A contract which does not satisfy the requirements of [§2-201(1)] but which is valid in other respects is enforceable (a)if the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the sellers business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or (b)if the party against whom enforcement is sought admits in his pleading, testimony, or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or (c)with respect to goods for which payment has been made and accepted or which have been received and accepted (Sec ).

10 UETA § 7. Legal Recognition of Electronic Records, Signatures, and Contracts (a)A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b)A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c)If a law requires a record to be in writing, an electronic record satisfies the law. (d)If a law requires a signature, an electronic signature satisfies the law.

11 Scope of UETA (§ 3) (a)Except as otherwise provided in Subsection (b), [UETA] applies to electronic records and electronic signatures relating to a transaction. (b)[UETA] does not apply to a transaction to the extent it is governed by: … (2) the Uniform Commercial Code, other than Sections and and Chapters 2 and 2A.

12 Scope of UETA (§ 3) (c) [UETA] applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under Subsection (b) when used for a transaction subject to a law other than those specified in Subsection (b). (d)A transaction subject to [UETA] is also subject to other applicable substantive law.

13 Opting In to UETA (§ 5) (b)[UETA] applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties conduct. (c)A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this division may not be waived by agreement.

14 CISG art. 11 A contract of sale need not be concluded in or evidenced by writing and is not subject to any other requirement as to form….


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