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Types of Writing to Satisfy Statute of Frauds

15. What type of writing is required to satisfy the “statute of frauds”?

To meet the requirements of the statute of frauds, there must be a sufficient writing to demonstrate that a contract exists. The writing can be typed, handwritten, or electronic. The agreement must generally be signed by the party against whom it is being enforced. A signature may be a mark, seal, stamp, electronic signature, or a handwritten agreement. Between merchants, a confirmation regarding the contract by one merchant that is not objected to by the other merchant will be sufficient, even though it is not signed by the other merchant.

•    Discussion: Why do you think that the definition of a writing is construed so broadly? Is this broad interpretation justified or does it unduly detriment a party? Why?

•    Practice Question: Frank agrees to sell Amy his collector-edition, signed baseball card. Frank writes on the back of the a napkin, “I agree to sell Amy my Mickey Mantle rookie card for $2000.” Will this be a sufficient writing to satisfy the statute of frauds?

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  1. Can you please point me to the legal authority for the proposition that a “signature may be . . . a handwritten agreement”? Thanks!

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