ASSIGNMENT 13

Statute: Section 2-201, Statute of FraudsThe following statute is a section of the Commercial Code Sales Act adopted by the state legislature.A contract for the sale of goods for the price of$500 or more is not enforceable by way of actionor defense unless there is some writing sufficientto indicate that a contract for sale has been madebetween the parties and signed by the party againstwhom enforcement is sought or by the party's authorized agent or broker. A writing is not insufficientbecause it omits or incorrectly states a term agreedupon, but the contract is not enforceable under thisparagraph beyond the quantity of goods shown insuch writing.Assume that the act applies to the sales of goods.Goods are defined in 2-100 as "those things movable" and do not include real property.

Questions

c. Mary orally contracts to buy 10 car tiresat $70 each. The seller prepares a contractand gives it to Mary. Neither party signs thecontract.

1. Who can enforce the contract under theprovisions of the statute?

2. Assume that only Mary signs the contract.Who can enforce the contract?

3. Assume that both parties sign the contractand the written contract incorrectly provides for 9 tires at $70 each. Is the contractenforceable under the statute? If so, to whatextent is it enforceable?

4. Assume both parties sign the contract andit reads 15 tires at $70 each. Is the contractenforceable under the statute? If so, to whatextent is it enforceable?

5. Assume there is no written contract. Theseller hands Mary a slip of paper uponwhich he has written, "This is to confirmour oral agreement." He and Mary bothsign the paper. Is there an enforceable contract under the provisions of the statute? Ifso, to what extent is it enforceable?