1. SoF II Contracts – Prof Merges March 3, 2011

2. Statute of Frauds “Within the statute”? “Satisfies the statute?”

3. Richard v. Richard

4. Where are we procedurally? What are the facts?

6. Facts Alleged oral agreement to purchase a home Any writing at all?

7. Additional facts Weekly payments to father (Norman) in addition to rent payments Total: about $5000

8. Improvements New doors Bannister Floors, other things

9. Opinion Begin with an exception to the S o F Part performance

10. What does part performance demonstrate?

11. 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

12. What are the elements of the part performance exception? Possession Improvements Pmt of substantial part of purchase price

13. Are these all required? Or any one of the 3? A, B, and C: additive A, B, OR C: alternative Necessary/sufficient?

14. Possession Present here? What is the issue? What does the court say?

15. Improvements Will any improvements do? What else is required?

16. Partial payment How much is enough? How much here? What was Norman’s argument? What did the court say?

17. UCC 2-201 The Code’s S o F Basic rule; 2-201(2), reasonable time requirement for response to a merchant’s confirmation

18. St. Ansgar Mills, Inc. v Streit History Facts

21. 2-201(1) and (2) PP. 285-286

22. At issue here “confirmation within a reasonable time” provision of 2-201(2) Other cases: was the time frame here reasonable? – p. 293

23. Why did Dist Ct rule as it did? Facts and circumstances here

24. Estoppel and the UCC Statutory drafting and unintended effects

25. Monarco v Lo Greco History Facts

26. Facts! Christie vs. Carmen

27. Policy Reliance Restitution

28. Record/writing requirement “All essential terms” vs. “memorandum of agreement”

29. But even the UCC’s quantity term is liberally described Mis-stated quantity term irrelevant to overall enforceability; enforcement limited to quantity stated, however UCC § 2-201, Comment 1