SoF II
description
Transcript of SoF II
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SoF IIContracts Prof Merges
March 3, 2011
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Statute of Frauds
Within the statute?
Satisfies the statute?
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Richard v. Richard
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Richard v. Richard
Where are we procedurally?
What are the facts?
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Facts
Alleged oral agreement to purchase a home
Any writing at all?
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Additional facts
Weekly payments to father (Norman) in addition to rent payments
Total: about $5000
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Improvements
New doors
Bannister
Floors, other things
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Opinion
Begin with an exception to the S o F
Part performance
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What does part performance demonstrate?
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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
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What are the elements of the part performance exception?
Possession
Improvements
Pmt of substantial part of purchase price
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Are these all required? Or any one of the 3?
A, B, and C: additive
A, B, OR C: alternative
Necessary/sufficient?
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Possession
Present here?
What is the issue?
What does the court say?
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Improvements
Will any improvements do?
What else is required?
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Partial payment
How much is enough?
How much here? What was Normans argument? What did the court say?
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UCC 2-201
The Codes S o F
Basic rule; 2-201(2), reasonable time requirement for response to a merchants confirmation
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St. Ansgar Mills, Inc. v StreitHistory
Facts
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2-201(1) and (2)
PP. 285-286
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At issue here
confirmation within a reasonable time provision of 2-201(2)
Other cases: was the time frame here reasonable? p. 293
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Why did Dist Ct rule as it did?
Facts and circumstances here
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Estoppel and the UCC
Statutory drafting and unintended effects
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Monarco v Lo Greco
History
Facts
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Facts!
Christie vs. Carmen
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Policy
Reliance
Restitution
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Record/writing requirement
All essential terms vs. memorandum of agreement
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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
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