Terry and Farah have an oral contract for the sale of 100 books at $30 per book. If Terry delivers the books and Farah accepts them, or if Farah pays for the books and Terry accepts payment, which of the following is true?
A) Terry can raise the statute of frauds defense to enforce the remainder of the contract.
B) Both Terry and Farah can raise the statute of frauds defense as it is a complete performance.
C) Neither Terry nor Farah can raise the statute of frauds defense as the agreement has been performed at least partially.
D) Farah can raise the statute of frauds defense to enforce the remainder of the contract.

Question

Quizplus · Accepted Answer

In the above case, if Terry delivers the books and Farah accepts them, or if Farah pays for the books and Terry accepts payment, neither of them can raise the statute of frauds defense. If a party accepts goods or accepts payment for goods, the statute of frauds is satisfied to the extent of the payment made or the goods accepted.

Terry and Farah Have an Oral Contract for the Sale