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

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