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References in periodicals archive ?
Whether a string of electronic bits stored in the memory cache of a laptop satisfies the writing requirement of the Statute of Frauds - or whether instantaneous messaging obviates the mailbox rule for delivery of acceptances - are issues that infect the core purpose of traditional contract formalities.
The language of the FAR is clear with respect to the writing requirement and is in accordance with past statutes interpreted by the courts to be a virtual statute of frauds. Congress delegated the authority to draft the FAR to the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautic and Space Administration (NASA).(93) These agencies' collective interpretation of whether the FAR has an absolute writing requirement, that is, no implied-in-fact contracts may be found under the FAR, is crucial because "considerable weight should be accorded to an executive department's construction of a statutory scheme it is entrusted to administer."(94)
If the name of the signing party is only typed at the bottom of the communication is the contract signed for the purposes of the Statute of Frauds or the Sale of Goods Acts?
Even where the elements of a writing and signature are not both satisfied, the UCC provides that the statute of frauds is nonetheless deemed satisfied under the following four circumstances:
More precisely, if the effectiveness of such extralegal enforcement methods does not depend upon the existence of a writing such as that required by the Statute of Frauds, then one would expect that when the parties rely primarily on extralegal enforcement they will not meet the writing requirement of the Statute of Frauds.
Finally, the statute of frauds again distinguishes gifts of real property, which a donor can only effect by preparing a written deed of gift, coupled (at a minimum, depending on the state) with a signature, and "delivery" of the deed.
An interesting aspect of the Statute of Frauds and other contract formalities is that they do not fit easily into the default-immutable rule dichotomy frequently used by contract theorists.
The remaining twenty-seven states have enacted formalizing rules for contracts to make wills, either grafted into the statute of frauds or set out in a freestanding statute.
However, the courts still strictly enforce the statute of frauds with respect to certain types of contracts, and most particularly, contracts for the sale of real property.
"Similarly, if any oral contract between Plaintiff and Gerald already has been fully acted upon and Gerald has acquired complete ownership of the Property as a result, the statute of frauds does not preclude enforcement of the parties' agreement.
The District Court concluded that respondent had detrimentally relied on the alleged oral contract and based on that determination, concluded that the statute of frauds, which would have otherwise barred enforcement of the contract, did not apply.
This concise book reviews core principles and concepts of sales law, including the scope of Article 2 of the Uniform Commercial Code and offer acceptance and consideration; the statute of frauds and parol evidence rule; terms of the contract; unconscionability; risk of loss; buyerAEs and sellerAEs remedies; buyerAEs rejection of acceptance and sellerAEs right to cure; warranty; damages for breach of warranty; defenses of warranty actions; and disclaimers of warranty liability and modification of buyerAEs remedies.