Statute of Frauds
The categories of contacts within the statute of frauds can remembered with this acronym.
What is "my legs?"
The remedy in a promissory estoppel case may be limited as this requires.
What is justice?
If Cooper goes to purchase a golf club from a merchant who deals in golf supplies and he does not communicate any special purpose he needs the club to work for, his purchase is still protected by this.
What is the implied warranty of merchantability?
This rule tells you which pleadings are allowed.
(It also the first rule Brett was ever cold called about when he froze and couldn't differentiate pleadings from motions even though it was right there on the page he was staring at but it's totally fine and not going to haunt his memory for all of law school and make his hands sweat just thinking about. It's fine. It's really fine.)
What is rule 7?
This study group member took the rare path of serving as Chief Justice before beginning law school.
Who is Lesly Hernandez-Olivas?
This category of contracts covered by the statute of frauds covers the handling of a deceased person's estate.
What is executory?
Under UCC 2-207, this is the result if an acceptance of an offer carries new terms and the acceptance is conditional on the assent to those new terms.
What is no contract has been made?
If Eric goes to the bike store and communicates that he needs a new e-bike for commuting up and down the big hills in Lawrence and Eric relies on the seller's judgment in selecting the right bike for his needs, Eric's purchase is protected by this.
What is the implied warranty of fitness for a particular purpose?
After Twombly & Iqbal, a pleading must state, not just a possible claim for relief, but a claim for relief that is this.
What is plausible?
For reasons unknown, this study group member has their own YouTube channel with a single video showing a highlight from the golf video game Golden Tee.
Who is Cooper Hillman?
Between merchants, a written contract is not required if they have this.
What is a written confirmation of an oral agreement (aka Merchant’s Confirmatory Memorandum)?
Under UCC 2-207, between merchants, new terms added in an acceptance become part of the final agreement unless any of these three exceptions apply.
What are...
The offer expressly limits acceptance to the new terms OR
The new terms materially alter the deal OR
Objection the the new terms has already been made or is made in a reasonable time after receiving them?
A statement by the obligor to the obligee indicating that the obligor will commit a breach is know as this.
What is a repudiation?
This rule provides sanctions for parties or attorneys who submit dishonest or bad faith motions meant to cause unnecessary delay.
What is rule 11?
This study group member spent their summer after college working on a research farm in central Kansas.
Who is Brett Parker?
Under UCC 2-201 a written contract is generally enforceable if it...
What are...
1. Is sufficient to indicate that a contract for sale has been made between the parties
2. Is signed by the party against whom enforcement is sought.
Family promises, promises to convey land, promises of a pension, construction bids, and charitable subscriptions are all types of cases in which this remedy may apply.
What is promissory estoppel?
You may not have to perform all or part of your contract before a specific event or time occurs if your contract contains one of these.
What is a condition precedent?
This rule & sub provision may allow you and the court to more or less pretend your amended pleading was filed on the original pleading date, but only if the amendment "relates back."
What is rule 15c1?
This study group member spent two summers in college working at Augusta National Golf Club.
Who is Eric Preheim?
Under the common law, as summarized in the Restatement (second) 131, a contract within the statute of frauds is enforceable if it is evidenced by any writing and signed by or on behalf of the party to be charged if it also does these 3 things.
What are...
reasonably identifies the subject matter AND
sufficiently indicates a contract has been made or an offer has been made AND
states with reasonable certainty the essential terms
Under UCC 2-207(3), if a contract is recognized through performance even though each parties terms differ, the contract will include the terms mutually agreed upon and fill any gaps with these.
What are supplementary terms incorporated under any other provisions of the UCC (aka UCC default rules)?
If you are in a contract with another party and you have good reason to doubt that the other party will perform, you can ask for this.
Just make sure it is in writing and the request is clear or you may be the party in breach if you stop your performance.
What is assurance of performance?
Most rule 12b motions must be used in a pre-answer motion or responsive pleading or they are waived forever, but these three 12b motions may be used at another time.
What are 12b1, 12b6, and 12b7?
These three topics were the focus of the thesis Perceptions of German Eugenics: An Analysis of German Eugenics in the Eugenics Review published in 2026.
What are birth rate, marriage laws, and sterilization?