Sufficient to satisfy requirements of the statute of frauds

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Reference no: EM131743283

Comprehension Case

Read the text below and answer the questions.

Iota Kappa Kappa (IKK) sorority is getting ready to host its annual Big Mole on Campus contest, in which participants compete to see who has the biggest mole on his or her body, to raise money for its favorite charity. Part of the fundraising related to the Big Mole on Campus contest is usually accomplished by sales of t-shirts featuring a person with a huge mole on her chin and the phrase: "IKK BMOC . . . If You've Got It, Flaunt It." Ivanna B.A. Starr is the philanthropy chairperson for IKK this year. She agreed with Sherwood Lykta-Daytya, owner of T-Shirts & More, that T-Shirts & More would provide 1,000 shirts printed with the BMOC slogan and picture for a price of $5 per shirt. Sherwood wrote up an invoice with a description of the shirts, indicating the quantity of the shirts, and quoting the $5 price. He wrote "IKK c/o Ivanna B.A. Starr" in the blank for the client's name on the invoice and signed his name at the bottom. He gave Ivanna a copy, but she never signed it.

The following week, Ivanna learned that T-Shirt Outhouse was willing to print the same 1,000 shirts with the same slogan and picture for $4 per shirt. She called Sherwood to tell him that she did not want him to produce the shirts after all. Sherwood was very angry and informed Ivanna that she was too late. He claimed they had a legally enforceable agreement. Besides, he explained to Ivanna, he had already printed up 500 of the shirts. In response, Ivanna claims that any agreement IKK has with T-Shirts & More is unenforceable, because it does not comply with the Statute of Frauds.

Is the agreement within the statute of frauds? If not, why not? If so, to what extent (if any) is it enforceable and why?

1. Is there a memorandum sufficient to satisfy the requirements of the statute of frauds?

Reference no: EM131743283

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