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

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

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

Answer: (D)

In contracts for the sale of goods, the Statute of Frauds normally requires a writing, but four exceptions let a contract be enforceable without a full writing. First, specially manufactured goods can bind the deal even without a writing if the goods are made to order and are not suitable for resale. Second, there is a written confirmation between merchants: if one merchant sends a written confirmation of a contract and the other merchant doesn’t object within a short window, the contract can be enforced. Third, if a party admits in court proceedings that a contract exists for the goods, that admission can satisfy the writing requirement to the extent of the goods admitted. Fourth, partial performance—such as payment made for the goods or actual delivery and acceptance by the buyer—enables enforcement for the portion already performed. The option that includes all four of these exceptions—specially manufactured goods; written confirmation by a merchant; admission in court; and partial performance (payment or acceptance)—is the best choice. It covers every recognized UCC exception to the writing requirement, which is why it’s the correct answer.

In contracts for the sale of goods, the Statute of Frauds normally requires a writing, but four exceptions let a contract be enforceable without a full writing. First, specially manufactured goods can bind the deal even without a writing if the goods are made to order and are not suitable for resale. Second, there is a written confirmation between merchants: if one merchant sends a written confirmation of a contract and the other merchant doesn’t object within a short window, the contract can be enforced. Third, if a party admits in court proceedings that a contract exists for the goods, that admission can satisfy the writing requirement to the extent of the goods admitted. Fourth, partial performance—such as payment made for the goods or actual delivery and acceptance by the buyer—enables enforcement for the portion already performed.

The option that includes all four of these exceptions—specially manufactured goods; written confirmation by a merchant; admission in court; and partial performance (payment or acceptance)—is the best choice. It covers every recognized UCC exception to the writing requirement, which is why it’s the correct answer.