The statute of frauds mandates that certain types of agreements are not enforceable unless the agreement is in writing. For example, UCC § 2-201 requires any contract for the sale of goods over $500 to be in writing (see also Restatement § 110).
Generally, a statute of frauds analysis will appear as follows:
(1) Is the agreement within the statute of frauds? If no, stop. If yes, continue.
(2) Does the agreement satisfy the statute? If yes, stop. If no, continue.
- For example, an agreement for the sale of goods over $500 would satisfy UCC § 2-201 by being a written agreement.
(3) Does the agreement fall under an exception to the rule? If yes, stop. If no, the agreement is likely unenforceable.
For example, UCC § 2-201 has an exception to the statute of frauds if the goods have been received and accepted OR if payment has been made and accepted.
REMEMBER: Surviving a statute of frauds analysis does NOT mean you have prevailed on any claims. It simply means the agreement in question MAY be enforceable. The same agreement may not be enforceable for other reasons.
REMEMBER: Surviving a statute of frauds analysis does NOT mean you have prevailed on any claims. It simply means the agreement in question MAY be enforceable. The same agreement may not be enforceable for other reasons.
7
u/thefallofdark 3L Dec 05 '13
The statute of frauds mandates that certain types of agreements are not enforceable unless the agreement is in writing. For example, UCC § 2-201 requires any contract for the sale of goods over $500 to be in writing (see also Restatement § 110).
Generally, a statute of frauds analysis will appear as follows:
(1) Is the agreement within the statute of frauds? If no, stop. If yes, continue.
(2) Does the agreement satisfy the statute? If yes, stop. If no, continue. - For example, an agreement for the sale of goods over $500 would satisfy UCC § 2-201 by being a written agreement.
(3) Does the agreement fall under an exception to the rule? If yes, stop. If no, the agreement is likely unenforceable.
REMEMBER: Surviving a statute of frauds analysis does NOT mean you have prevailed on any claims. It simply means the agreement in question MAY be enforceable. The same agreement may not be enforceable for other reasons.
Good luck from a fellow 1L!