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2. Requirement of a Quantity Term To satisfy the statute of frauds, a writing must state a quantity. If a writing states no quantity, then, it cannot satisfy the statute of frauds, regardless of its contents. Normally, the quantity will be a specific number of goods ( e.g. , 4,000 widgets). But it may suffice if the writing states the quantity as the buyer’s requirements. Other quantity terms may suffice, including, for instance, all the timber on specified land, all the seller’s output of a particular good, an approximate quantity to meet the specifications for a particular project, stated minimum and maximum quantities for a specified good, or a requirement for the seller to supply the buyer with up to a specified weight or number of goods. [2 Anderson U.C.C. §§ 2-201:174, 2-201:178, 2-201:179 (3d. ed.), Westlaw (database updated Dec. 2020).] 3. Computing Price in Transactions Involving Multiple Items Controversies may arise if the case involves multiple items, the price of each item is less than $500, but the items’ combined price equals or exceeds $500. Here, the result depends on whether the transaction is deemed to be one singular contract or multiple separate ones. If the former, then the statute of frauds applies to the entire transaction. If the latter, the statute of frauds will not apply to any discrete contract as to which the price is less than $500. [2 Anderson U.C.C. § 2-201:75 (3d. ed.), Westlaw (database updated Dec. 2020).] 4. Effect of Noncompliance with Statute of Frauds If a contract subject to the statute of frauds fails to satisfy the doctrine’s requirements, the effect is nothing more or less than to render the contract unenforceable by way of claim or defense. Noncompliance with the statute of frauds does not render the contract void or invalid for other purposes. For instance, if a third party wrongfully induces the buyer or seller to refuse to perform an oral contract, then a cause of action may lie against the third party even if the oral contract is unenforceable under the statute of frauds. [U.C.C. § 2-201, cmt. 4 (1951).] 5. Contract Modification and the Statute of Frauds Article 2 permits parties to modify a contract for the sale of goods, generally on more liberal terms than under the common law of contracts. Here, if the contract as modified is subject to the statute of frauds, then to be enforceable, it must satisfy the requirements of the statute of frauds. [U.C.C. § 2-209(3) (1951).] 6. Significance of Omitted Material Terms A contract may be enforceable under the statute of frauds even if it omits an agreed material term, such as the price. If a contract is enforceable under the statute of frauds but omits a material term, then Article 2’s gap-filling provisions will normally step in to supply the omitted
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