releasethehounds wrote:Torts Illustrated wrote:yeff wrote:s but also there's the UCC variation, right? If that shirt(s) cost > $500 and fall under the UCC
The shirts don't need to cost more than $500 for the UCC to apply. Any sale of goods is covered by the UCC. But if the goods cost more than $500, that triggers the Statute of Frauds.
(Right? Someone please, for God's sake, correct me if I'm wrong.)
You're correct. The only reason $500 matters is because now you need a writing to be able to enforce the contract under Statute of Frauds if one party breaches*. If both parties perform fully and there's no writing, statute of frauds was satisfied by full performance. Also keep in mind EXACTLY 500 doesn't need a writing, but $500.01 will.
If it's a sale of goods and you want to modify it, ANY cost is fine. If I want to sell you a fake rolex for 10 dollars then in good faith we agree I should sell it to you for 12, that's kosher.
The one area those will overlap is if you want to modify the contract and the modification is in the realm of statute of frauds, you'll need a writing to be able to enforce the contract against a breaching* party. Example: I sell you a TV for $499. We don't need a writing, statute of frauds doesn't care. But I encounter unexpected difficulties in getting the TV supplied and we agree you will now pay $510 dollars. The contract AS MODIFIED is in the statute of frauds. So we need a writing to enforce the contract if one of us breaches*.
Edit: * = or claims there isn't a contract
And same for the reverse - if the TV at first costs $501, and we have a written contract, and then I claim we orally modified the contract for the sale price to be $350, I don't have to produce a written contract because as modified the K is NOT within the SOF. (Right?)