Question

Al is a merchant buyer in Cleveland. He contracts over the telephone to purchase $6000 worth of spare aircraft parts from Goldstein, a merchant-seller in New York City. Two days later, Goldstein sends a written confirmation detailing the terms of the oral contract, and Al receives the written confirmation. If Al does not give Goldstein written notice of objection to the contents of the written confirmation within 10 days of receipt, can Al raise the Statute of Frauds as a defense against enforcement of the contract? Explain why or why not.

Answer 1

Answer:

Al can't raise the statute o frauds as a defense against enforcement of the contract. Because he broke the 10 days period to do it.

Explanation:

The Statute of fraud as a defense against enforcement of the contract is only available if one of the parties showed discontent over the contract in formal written means to declare it is not going to pursue the operation. The only writing would be enough to do it. So, in this case, Al can't do it because he let 10 days pass.