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- /* Here is the official text of the U.C.C. regarding "Statutes of
- Frauds." Please note that the jurisidiction in question may have
- adopted a different text. Check if it is important to know!
- There are several statutes of frauds- the first one applies for
- stuff over $ 5,000*/
-
- U.C.C. Section 1-206
-
- Statute of frauds for Kinds of of Personal Property Not Otherwise
- Covered
-
- (1) Except in the cases described in subsection (2) of this
- section a contract for the sale of personal property is not
- enforceable by way of action or defense beyond five thousand
- dollars in amount or value of remedy unless there is some
- writing which indicates that a contract for sale has been made
- between the parties at a defined or stated price, reasonably
- identifies the subject matter, and is signed by the parties
- against whom enforcement is sought or by his authorized agent.
-
- (2) Subsection (1) of this section does not apply to
- contracts for the sale of goods (Section 2-201) nor of securities
- (section 8-319) nor to security agreements (section 9-203.)
-
- /* Here is the text of the Uniform Commercial Code regarding the
- Statute of Frauds for sales of goods. */
-
- Uniform Commercial Code, Section 2-201
-
- (1) Except as otherwise provided in this section a contract for
- the sale of goods for the price of $ 500 or more is not
- enforceable by way of action or defense unless there is some
- writing sufficient to indicate that a contract for sale has been
- made between the parties and signed by the party against whom
- enforcement is sought or by his authorized agent or broker. A
- writing is not insufficient because it omits or incorrectly
- states a term agreed upon but the contract is not enforceable
- under this paragraph beyond the quantity of good shown in such
- writing.
-
- (2) Between merchants if within a reasonable time a writing in
- confirmation of the contract and sufficient against the sender is
- received and the party receiving it has reason to know its
- contents, it satisfies the requirements of subsection (1) against
- such party unless written notice of objection to its contents is
- given within ten days after it is received.
-
- /* "Merchant" is a specially defined term, and means a person
- engaged in a particular business. If you are a seller of carpet,
- then, you will be held to be a merchant when dealing with other
- carpet folks, but you would not be a merchant as to your dealings
- with automobiles. */
-
- (3) A contract which does not satisfy the requirements of
- subsection (1) but which is valid in other respects is
- enforceable
-
- (a) if the goods are to be specially manufactured for
- the buyer and are not suitable for sale to others in the ordinary
- course of the seller's business and the seller, before notice of
- repudiation is received and under circumstances which reasonably
- indicate that the goods are for the buyer, has made either a
- substantial beginning of their manufacturer or commitment for
- their procurement; or
-
- (b) if the party against whom enforcement is sought
- admits in his pleading, testimony or otherwise in court that a
- contract for sale was made, but the contract is not enforceable
- under this provision beyond the quantity of goods admitted; or
-
- (c) with respect to goods for which payment has been
- made and accepted or which have been received and accepted.
-
- /* Section 8-319 regards the sale of securities */
-
- A contract for the sale of securities is not enforceable by way
- of action or defense unless
-
- (a) there is some writing signed by the party against whom
- enforcement is sought or by his authorized agent or broker
- sufficient to indicate that the contract has been made for sale
- of a stated quantity of described securities at a defined
- or stated price; or,
-
- (b) delivery of the security has been accepted or payment has
- been made but the contract is enforceable under this provision
- only to the extent of such delivery or payment; or,
-
- (c) within a reasonable time a writing in confirmation of the
- sale or purchase and sufficient against the sender under
- paragraph (a) has been received by the party against whom
- enforcement is sought and he has failed to send written objection
- to its contents within ten days after its receipt; or
-
- (d) the party against whom enforcement is sought admits in
- his pleading, testimony or otherwise in court that a contract was
- made for sale of a state quantity of described securities at a
- defined or stated price.
-
- /* I never understood this one. Let's assume that you do not want
- to admit that a deal was made and want to use the statute of
- frauds as a defense. Why admit it? */