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References in periodicals archive ?
This would be a much harder case, because the defendant would then be just the sort of person California sought to protect through its statute of frauds.
In Canada, the Statute of Frauds was originally in force in the common law jurisdictions by virtue of enactment prior to the specific provincial reception date for that jurisdiction.
On appeal the Second Circuit vacated the finding that New York law and the statute of frauds applied to the oral modification.
For instance, in FDIC v Herald Square Fabrics Corp, (15) the court said that because Article 9 did not cover the sale of chattel paper, the transaction at issue was subject to what is now the pre-revision version of UCC section 1-206 statute of frauds requirement as opposed to the enforceability requirements set out in section 9-203 of the UCC.
Among the types of contracts within the Statute of Frauds that must be in writing to be enforceable are the following:
It also establishes the safety net of this doctrine, which disregards so many legal norms of contract law such as the statute of frauds and allowing parol evidence to modify an instrument's language.
Article 2 of the UCC applies to the sale of goods, and Section 2-201 contains the UCC's embodiment of the Statute of Frauds.
The following discussion centers upon several key concepts, including the Statute of Frauds, delivery of communications, the parol evidence rule, and consideration.
45) which found a virtual statute of frauds based on a statute similar to the writing requirement found in today's FAR.
In particular, the Statute of Frauds (an old English law from 1677 still in effect in Alberta and some other provinces) requires some contracts to be in writing.
This article discusses the applicability of the statute of frauds provision in the Uniform Commercial Code (WCC) to electronic business transactions and to related discovery and trial strategies.
It is, for instance, now taken for granted that many reported decisions involving the Statute of Frauds depict judges torturing the Statute to find that it does not apply.