How To Prove A Florida Statute of Frauds Claim

 

 

In Florida, a claim of Statute of Frauds is defined as:

The Statute of Frauds is a statute requiring certain contracts to be in writing and signed by the parties bound by the contract. The purpose is to prevent fraud and other injury.

It simply means:

Some contracts must be written out and signed to avoid any fraud.

There are 4 elements of the claim:

• Element 1. There was a valid contract for the sale of goods. A valid contract for the sale of goods means that there was a clear agreement between the buyer and seller, including specific details about the items being sold, the price, and both parties’ intentions to complete the transaction.
  

  Facts that might support this element look like:

  * The parties exchanged written communications detailing the specific goods to be sold, including quantities and prices.
  * Both parties signed a purchase order that explicitly outlined the terms of the sale, demonstrating mutual assent.
  * The seller delivered the goods to the buyer, who accepted them without objection, indicating acceptance of the contract.
  * The buyer made a partial payment for the goods, which further evidences the existence of a contractual agreement.
  * The parties engaged in negotiations that culminated in a clear agreement on the essential terms of the sale.

• Element 2. The contract pertained to the sale of goods with a value of $500 or more. The contract involved the sale of items worth $500 or more, which means it must be in writing to be legally enforceable, as required by the Statute of Frauds to prevent misunderstandings in significant transactions.
  

  Facts that might support this element look like:

  * The contract involved the sale of 100 units of electronic equipment, with a total value exceeding $5,000.
  * The parties agreed on a purchase price of $750 for a shipment of specialized machinery.
  * An invoice was issued for a bulk order of furniture, totaling $1,200, which both parties acknowledged.
  * The contract specified the sale of a vehicle valued at $15,000, which was documented in writing.
  * The agreement included terms for the sale of industrial supplies, with a cumulative value of $2,500.

• Element 3. There is a written agreement or memorandum that sufficiently indicates the existence of the contract for the sale of goods. A written agreement or note that clearly shows a contract for selling goods exists is necessary to meet the legal requirements of the Statute of Frauds, ensuring that the terms are documented and enforceable in court.
  

  Facts that might support this element look like:

  * The parties exchanged emails that included specific terms regarding the sale of goods, including quantity and price, which demonstrates mutual assent.
  * A signed purchase order was issued by the buyer, detailing the goods to be sold and the agreed-upon delivery date.
  * The seller provided an invoice that outlined the goods, their specifications, and the total amount due, which was acknowledged by the buyer.
  * A written contract was drafted and signed by both parties, clearly stating the terms of the sale and the goods involved.
  * The parties engaged in a series of written communications that confirmed the sale, including acceptance of terms and conditions related to the goods.

• Element 4. The written agreement was signed by the party against whom enforcement is sought (or their authorized agent or broker). For a Statute of Frauds claim to be valid, there must be a written agreement that is signed by the person being held to the contract, or by someone they have authorized to sign on their behalf, like an agent or broker.
  

  Facts that might support this element look like:

  * The written agreement was signed by the defendant, clearly indicating their acceptance of the terms outlined within the document.
  * The signature on the agreement matches the defendant’s name as it appears on official identification documents.
  * The defendant’s authorized agent signed the agreement on their behalf, as evidenced by a power of attorney document.
  * The agreement includes a clause stating that it is binding upon the parties once signed, which the defendant acknowledged.
  * The defendant received a copy of the signed agreement, confirming their awareness and acceptance of its terms.

^{(See Florida’s Uniform Commercial Code (UCC) Section 672.201.)}
If you’re in court without a lawyer and plan to assert a Claim of Statute of Frauds, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate the complexities of your case effectively.

Prove Your FL Statute of Frauds Claim

U.S. Civil Cases Only