Reference no: EM133190621

Learning activity

Understand the importance of the Statute of Frauds and the Parol Evidence Rule
Identify the contracts that are subject to the Statute of Frauds
Explain the options that are available if a party cannot or will not perform
Identify the excuses that justify a party not performing
Identify and explain the remedies available for a breach of contract

• Analyze contractual rights, obligations, liabilities, and remedies in the business environment.

Major Concepts:
• Statute of Frauds - This is a requirement that certain contracts must be writing to be enforced.
• Parol Evidence Rule - The rule governs the question of whether a party can introduce evidence of a prior agreement to explain or modify a current contract.
• Performance - This concept addresses the parties performance under the contract, and it includes an examination of the concepts of substantial performance and anticipatory breach.
• Discharge - This concept defines when/how obligations and duties under a contract can be terminated.
• Remedies - This concept explains what the plaintiff can recover when there has been a breach of contract.

Background: The GC owners have questions and need clarification about several contract concepts and issues related to their new business. Specifically, they have questions about:
• the Statute of Frauds "writing requirement" and
• electronic contracts
Generally, contracts for the sale of goods must be in writing, and the writing must be signed by the parties to the agreement, and the parties must be sufficiently identified. GC will be selling goods via the internet, and the owners are wondering whether these electronic contracts are valid and enforceable.
Background Facts You Need To Know: Company X, a company in Illinois, contracted via the internet with Windows Bright, a small window washing business in Missouri to purchase 4 cases of Shiny Lite window cleaning solution at $200 per case. Company X paid via the internet with a company credit card. The contract stated that the 4 cases of Shiny Lite would be shipped to Company X's place of business in Illinois via UPS. Once UPS delivered the Shiny Lite, the contract required Windows Bright to clean Company X's windows.

Instructions
Winne and Ralph have asked you to prepare examples and explanations of the statute of frauds and electronic contracts.

To respond to the GC's questions and concerns, you must prepare a fact scenario and be prepared to discuss the scenarios in a meeting with TLG and the GC owners.

A. Discuss whether the contract between X and Windows Bright is subject to the Uniform Commercial Code Statute of Frauds.

B. Analyze and explain whether the internet electronic contract between X and Windows Bright satisfies the "writing" requirements for the Statute of Frauds? If so, how and why?