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Must All Contracts Be In Writing? - South Carolina--Law Bytes

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Uploaded by on Mar 11, 2010

This is a bit of basic of contract law. Problem with trying to state basics is there are usually exceptions to every rule. For those curious as to whether a contract needs to be in writing, you need to be aware of your state's statute of frauds.

Statute of frauds requires some contracts to be in writing, like contracts that cannot be performed within a year or sale of goods greater than $5,000. But, alas, there are exceptions to the statute of frauds, such as partial performance.

And, even so, it is still best to get your contracts in writing and signed by both (all) parties. Okay, I am repeating myself.

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Uploader Comments (wandrewarnold)

  • The statute of frauds requires certain types of contracts to be in writing, although even this rule has exceptions. One of the types of contracts that is subject to the statute of frauds is one that involves the sale of goods in excess of $5000. However, the facts matter, and to get a definitive answer would depend on all the facts.

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  • UCC 2-201 says over $5k it has to be in writing and signed.......does the price automatically makes this a requirment?

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