Post on 05-Jan-2016
description
SoF IIContracts Prof Merges
March 3, 2011
Statute of Frauds
Within the statute?
Satisfies the statute?
Richard v. Richard
Richard v. Richard
Where are we procedurally?
What are the facts?
Facts
Alleged oral agreement to purchase a home
Any writing at all?
Additional facts
Weekly payments to father (Norman) in addition to rent payments
Total: about $5000
Improvements
New doors
Bannister
Floors, other things
Opinion
Begin with an exception to the S o F
Part performance
What does part performance demonstrate?
What does part performance demonstrate?
Shows existence of the K why begin performing if there is no K?
Also (or in the alternative), a question of fairness: protecting the reliance interest, preventing unjust enrichment
What are the elements of the part performance exception?
Possession
Improvements
Pmt of substantial part of purchase price
Are these all required? Or any one of the 3?
A, B, and C: additive
A, B, OR C: alternative
Necessary/sufficient?
Possession
Present here?
What is the issue?
What does the court say?
Improvements
Will any improvements do?
What else is required?
Partial payment
How much is enough?
How much here? What was Normans argument? What did the court say?
UCC 2-201
The Codes S o F
Basic rule; 2-201(2), reasonable time requirement for response to a merchants confirmation
St. Ansgar Mills, Inc. v StreitHistory
Facts
2-201(1) and (2)
PP. 285-286
At issue here
confirmation within a reasonable time provision of 2-201(2)
Other cases: was the time frame here reasonable? p. 293
Why did Dist Ct rule as it did?
Facts and circumstances here
Estoppel and the UCC
Statutory drafting and unintended effects
Monarco v Lo Greco
History
Facts
Facts!
Christie vs. Carmen
Policy
Reliance
Restitution
Record/writing requirement
All essential terms vs. memorandum of agreement
But even the UCCs quantity term is liberally described
Mis-stated quantity term irrelevant to overall enforceability; enforcement limited to quantity stated, however
UCC 2-201, Comment 1
****