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South Carolina Code 36-2-201. Formal requirements; statute of frauds

South Carolina Code > Title 36 > Chapter 2 > § 36-2-201 - Formal requirements; statute of frauds


Current as of: 2009

(1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing.

(2) Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) against such party unless written notice of objection to its contents is given within ten days after it is received.

(3) A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable

(a) if the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller's business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or

(b) if the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or

(c) with respect to goods for which payment has been made and accepted or which have been received and accepted (Section 36-2-606).

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Questions & Answers: Sales (UCC Article 2)

I just purchased a membership with Vacation Inspirations a wholesale travel site in Charleston for 2750 I get home and look on Internet it has many many complaints as a scam outfit...
Karen, How was the purchase made? Over the Internet? In your home? Over the telephone? "Buyer's remorse" laws vary by what type of product or service is involved and how the sa...
Thanks Steve, I guess the new scam in charleston is to get tourists when booking tours to just go to a 45 minute travel membership seminar,unfortunely we did purchase this for 2750...
Karen, Obviously you'll want to immediately contact them to cancel and demand a refund. I'm not familiar with whatever contract you may have signed, so you should take a look at it...
I'm selling my parents' home and have been renting to someone with them going to buy. I have a contract with them and the time is running out and their lawyer has not setting with ...
Jeanie, What is the rental arrangement exactly? Is there a written lease? Is it month-to-month or week-to-week? If they stay beyond the expiration date, whatever that is, you hav...
See also:
South Carolina Code > Title 36 > Chapter 2 - Commercial Code - Sales
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