This is a series of posts about contract terms to help you understand your business better. To see the previous post in this series, click this link: Post 1, Post 2, Post 3.
Post 4. Contract Glossary of Terms: UCC and Statute of Frauds
UCC
“UCC” refers to the Uniform Commercial Code, which is a massive group of contract laws. Well, they aren’t actually laws. They’re more like suggestions, but the legal community looks to them all the time for guidance. In fact, almost every state usually has codified (created an actual law) based on parts, or all, of the UCC.
The UCC only applies to contracts for the sale of goods. “Goods” means moveable property. So the UCC does not apply to real estate (property that can’t be moved). It also doesn’t apply to services.
Statute of Frauds
The Statute of Frauds (or “SOF“) is a defense to the enforcement of a contract. It is based on the fact that the contract was never properly made to begin with. Each state usually codifies a statute that requires that certain contracts be in writing.
Usually there are 6 of these special contracts that must be written: (1) marriage contracts; (2) contracts that cannot be completed in less than one year; (3) contracts for the sale of land; (4) executor contracts; (5) contracts for the sale of goods for $500 or more; and (6) suretyship contracts. (More about suretyship contracts in future posts.)
The SOF writing requirement differs depending on which type of contract from the above list you have. Typically, the terms of the contract (price, quantity of goods, etc) must be in writing, and that writing must be signed by the party “to be bound” (a.k.a. the defendant).
For more information about contracts in general, or if you have questions about your specific contracts, contact Boyer Law Firm today.
