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Formal requirements; statute of frauds - 13 Pa. Cons. Stat. § 2201

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                                CHAPTER 22
                     FORM, FORMATION AND READJUSTMENT
                               OF CONTRACT

     Sec.
     2201.  Formal requirements; statute of frauds.
     2202.  Final written expression: parol or extrinsic evidence.
     2203.  Seals inoperative.
     2204.  Formation in general.
     2205.  Firm offers.
     2206.  Offer and acceptance in formation of contract.
     2207.  Additional terms in acceptance or confirmation.
     2208.  Course of performance or practical construction.
     2209.  Modification, rescission and waiver.
     2210.  Delegation of performance; assignment of rights.

        Enactment.  Chapter 22 was added November 1, 1979, P.L.255,
     No.86, effective January 1, 1980.
     § 2201.  Formal requirements; statute of frauds.
        (a)  General rule.--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 subsection beyond the quantity of goods
     shown in such writing.
        (b)  Writing confirming contract between merchants.--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 (a) against such party
     unless written notice of objection to its contents is given
     within ten days after it is received.
        (c)  Enforceability of contracts not satisfying general
     requirements.--A contract which does not satisfy the
     requirements of subsection (a) but which is valid in other
     respects is enforceable:
            (1)  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 business of the seller 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;
            (2)  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
            (3)  with respect to goods for which payment has been
        made and accepted or which have been received and accepted
        (section 2606).
        (d)  Qualified financial contracts.--Subsection (a) does not
     apply to a qualified financial contract, as defined in section
     1206(c)(1) (relating to statute of frauds for kinds of personal
     property not otherwise covered), if either:
            (1)  there is, as provided in section 1206(c)(3),
        sufficient evidence to indicate that a contract has been
        made; or
            (2)  the parties, by means of a prior or subsequent
        written contract, have agreed to be bound by the terms of the
        qualified financial contract from the time they reach
        agreement (by telephone, by exchange of electronic messages
        or otherwise) on those terms.
     (May 22, 1996, P.L.248, No.44, eff. imd.)

        1996 Amendment.  Act 44 added subsec. (d). See section 14(c)
     of Act 44 in the appendix to this title for special provisions
     relating to applicability to qualified financial contracts.
        Cross References.  Section 2201 is referred to in sections
     1206, 2209, 2326 of this title.

Last modified: November 27, 2007