we know a contract for the sale of goods for $500 or more must be in writing to be enforceable. What if the contract had an original price ...

Question

we know a contract for the sale of goods for $500 or more must be in writing to be enforceable. What if the contract had an original price of $450, but the contract was subsequently modified and is now worth $500. Do any parts of this contract have to be written? If so, what part? Can you provide a practical example of this?

Answer

As a Franchise Attorney I can say the following. Pretty much any writing (email, etc.) will satisfy the requirement. You've said the contract was modified, but did not specify how. The UCC does not require a formal sales contract. In many cases a memorandum or collection of papers is sufficient compliance. The courts have held that a written check can be considered a written memorandum of a sales agreement. The UCC allows a written sales contract to be enforced even if it leaves out material terms and is not signed by both parties. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation