Contracts: Statute of Frauds: Writings

  • The kinds of writing that will satisfy Statute of Frauds.
    • Sale of Goods (Article 2): writing must contain a quantity term and be signed by the defendant (party asserting a Statute of Frauds defense).
      • “I agree to buy 70 dolls from Clarice. /s/ Hannibal.” Does this satisfy the Statute of Frauds against Hannibal? Yes, because it contains a quantity term and is signed by Hannibal himself. There’s no price here. Under Article 2, the required writing only needs to contain a quantity term and be signed by D. Price is not necessary.
      • “I agree to sell 70 dolls to Hannibal. /s/ Clarice” Does this satisfy the Statute of Frauds against Hannibal? No. Hannibal didn’t sign it. He’s the defendant. A writing signed by Clarice does not assuage any fear that Clarice is making it up.
    • All other prongs: writing must contain all material terms (who & what) and be signed by the defendant.