SoF II Contracts – Prof Merges March 3, 2011. Statute of Frauds “Within the statute”?...
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Transcript of SoF II Contracts – Prof Merges March 3, 2011. Statute of Frauds “Within the statute”?...
Additional facts
• Weekly payments to father (Norman) in addition to rent payments
• Total: about $5000
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?
Partial payment
• How much is enough?
• How much here? What was Norman’s argument? What did the court say?
UCC 2-201
• The Code’s S o F
• Basic rule; 2-201(2), reasonable time requirement for response to a merchant’s confirmation
At issue here
• “confirmation within a reasonable time” provision of 2-201(2)
• Other cases: was the time frame here reasonable? – p. 293