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Author Topic: Can someone answer this question for me please? Am curious on answers  (Read 289 times)

sneakypie

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A couple of law students I know are taking contracts and stated that when a person writes out a personal check, signs and dates it and hands it over for the item that they want to purchase (over $500, like a stereo system), it is enough to satisfy the Statute of Frauds in case of a default.
I always believed that Personal checks and things like promissory notes were governed under Article 3 of the UCC which has its own rules in dealing with defaults on checks and such?
Any ideas?
Thanks

jd4me2010

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Re: Can someone answer this question for me please? Am curious on answers
« Reply #1 on: December 13, 2006, 10:24:30 PM »
Any writing with a signature can usually satisfy a SOF issue if the person being sued is the one that signed it that is. I'm pretty sure I'm right on this. Haven't studied UCC 3 though, that's in contracts II

hairmetalrulez

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Re: Can someone answer this question for me please? Am curious on answers
« Reply #2 on: December 13, 2006, 10:52:52 PM »
a signed check is NOT enough, by itself.... the check must have something written in the memo giving some reference to an essential term and subject matter.... check out Cohen v. Fisher.....