Which combination lists all four exceptions to the Statute of Frauds under the SWAP mnemonic?

Which combination lists all four exceptions to the Statute of Frauds under the SWAP mnemonic?

• A. Specially manufactured goods; Written confirmation by merchant; Admission in proceeding; Performance by payment or acceptance
• B. Specially manufactured goods; Written confirmation by merchant; Admission in proceeding
• C. Specially manufactured goods; Written confirmation by merchant; Performance by payment or acceptance
• D. Written confirmation by merchant; Admission in proceeding; Performance by payment or acceptance

Answer: (D)

The four exceptions to the writing requirement for contracts for the sale of goods under the Statute of Frauds are SWAP: Specially manufactured goods, Written confirmation by a merchant, Admission in proceeding, and Partial performance (payment or acceptance). Specially manufactured goods means a contract can be enforced without a writing if the goods are specially made for the buyer and are not suitable for sale to others, and the seller has begun manufacturing or substantially relied on the order. Written confirmation by a merchant allows enforcement when a written confirmation is sent between merchants and the other party does not object within a short window, even if there isn’t a conventional signed contract. Admission in proceeding means that if the party, in pleadings or testimony, admits that a contract for the sale of goods existed, the contract is enforceable to the extent of the admission. Partial performance (payment or acceptance) covers situations where the buyer has paid for and accepted the goods, or the seller has delivered and the buyer accepted, making the contract enforceable to the extent of the performance. You’ll want the option that includes all four: specially manufactured goods; written confirmation by a merchant; admission in proceeding; and performance by payment or acceptance. The provided answer omits one of these and isn’t the complete list.

The four exceptions to the writing requirement for contracts for the sale of goods under the Statute of Frauds are SWAP: Specially manufactured goods, Written confirmation by a merchant, Admission in proceeding, and Partial performance (payment or acceptance).

Specially manufactured goods means a contract can be enforced without a writing if the goods are specially made for the buyer and are not suitable for sale to others, and the seller has begun manufacturing or substantially relied on the order. Written confirmation by a merchant allows enforcement when a written confirmation is sent between merchants and the other party does not object within a short window, even if there isn’t a conventional signed contract. Admission in proceeding means that if the party, in pleadings or testimony, admits that a contract for the sale of goods existed, the contract is enforceable to the extent of the admission. Partial performance (payment or acceptance) covers situations where the buyer has paid for and accepted the goods, or the seller has delivered and the buyer accepted, making the contract enforceable to the extent of the performance.

You’ll want the option that includes all four: specially manufactured goods; written confirmation by a merchant; admission in proceeding; and performance by payment or acceptance. The provided answer omits one of these and isn’t the complete list.