Question

Hearn Enterprises orally agreed to buy 100 turbines from Midwest Turbine, Inc. at a cost of $1,000 each (for a total contract price, therefore, of $100,000. Midwest sent 40 turbines and Hearn accepted the shipment, sending payment for $40,000. However, Hearn had its major client cancel a job, so they no longer needed the turbines. Hearn attempted to rescind, reasoning that because there was no writing and the contract fell within the Statute of Frauds they were not bound. A court would probably conclude: Group of answer choices

Answer 1

Answer: a. There was not an enforceable agreement. However under the UCC, part performance makes that portion of the agreement binding on Hearn. Hearn may not return the 40 turbines, but is not obligated to purchased the remaining 60.

Explanation:

The Statute of Frauds under the Uniform Commercial Code requires that for a contract with a value higher than $500 for goods to be enforceable, it needs to be in writing. This contract is therefore not enforceable.

However, there is an exception to this rule for performance or partial performance. If the parties have already partially completed the contract for instance, the completed portion is enforceable. The remaining portion however, is not, and therefore can be renegaded upon.