(HELP!) contracts question!

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lallygag
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Joined: Fri Jan 16, 2009 1:41 pm

(HELP!) contracts question!

Postby lallygag » Tue Dec 14, 2010 12:30 pm

does anyone know what happens when a contract falls within the statute of frauds and also within one of its provisions? For example a contract for the sale of goods for $600 and whose performance won't be complete within a year of its making? (my prof mentioned it in office hours but not in class and I can't seem to find the answer anywhere)

Thanks!

Oban
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Joined: Sun Sep 06, 2009 12:09 pm

Re: (HELP!) contracts question!

Postby Oban » Tue Dec 14, 2010 12:43 pm

It means it must be in writing, being with in the statute of frauds and the provision is the same thing. "Doubling up" on why it's within the statute doesnt matter(taking more than a year and being goods for more than 500)

the only issue is that UCC and common law requirements for what the writing say are different. Look up the UCC and compare.

random5483
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Joined: Sat Mar 20, 2010 8:17 pm

Re: (HELP!) contracts question!

Postby random5483 » Tue Dec 14, 2010 3:10 pm

I think you are mixing up the UCC statute of frauds (SoF) and the common law SoF. The one year rule applies to common law SoF (for services) and the goods over 500 provision applies to the UCC SoF. Either alone is sufficient to require a signed writing, UNLESS, one of the exceptions to the SoF apply.

With that said you need to figure out if goods or services substantially predominate the contract. If it is primarily a goods contract the UCC SoF provision applies. If it is primarily a services contract the common law SoF provision applies.

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lallygag
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Re: (HELP!) contracts question!

Postby lallygag » Tue Dec 14, 2010 9:48 pm

thank you both. your answers combined really cleared this up!




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