Does this contract need to be signed in writing to be enforceable in Alaska?
Only if it falls on one of two separate statutory lists. For contracts generally, AS 09.25.010(a) provides that "[i]n the following cases and under the following conditions an agreement, promise, or undertaking is unenforceable unless it or some note or memorandum of it is in writing and subscribed by the party charged or by an agent of that party." Thirteen categories are listed, including "an agreement for leasing for a longer period than one year, or for the sale of real property, or of any interest in real property, or to charge or encumber real property" (AS 09.25.010(a)(6)), agreements not to be performed within a year, suretyship promises, marriage-consideration agreements, real-estate brokerage agreements, and loans or credit extensions over $50,000 by a person in the business of lending. Separately, for a sale of goods, AS 45.02.201(a) (the UCC statute of frauds) independently requires a writing wherever the price is $500 or more, "[e]xcept as otherwise provided in this section": such a contract "is not enforceable by action or defense unless there is a writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by an authorized agent or broker of that party."
The trap
The general list's loan/credit category, AS 09.25.010(a)(13), is easy to misread: it reaches a lender in the business of lending $50,000+ NOT primarily for personal, family, or household purposes, but the statute goes on to deem a loan secured solely by one-to-four-unit residential property to be "a loan primarily for personal, family, or household purposes" regardless of amount, pulling it back OUT of the writing requirement. On the goods side, AS 45.02.201 has real escape hatches from its own writing requirement, which is why (a) opens "Except as otherwise provided in this section": a merchant's unanswered written confirmation can bind the recipient within 10 days (AS 45.02.201(b)); and even with no writing at all, the contract is still enforceable for specially manufactured goods once the seller has begun manufacture or made procurement commitments, for a quantity admitted in a pleading or in court testimony, or for goods actually paid for and accepted (AS 45.02.201(c)(1)-(3)). A writing that does exist is not automatically good for the whole deal either: it "is not insufficient because it omits or incorrectly states a term agreed upon," but the contract "is not enforceable under this subsection beyond the quantity of goods shown in such writing," so an understated quantity caps the claim. AS 09.25.010(b) separately requires a writing for creating, transferring, or declaring most real-property interests: a distinct real-property rule layered on top of (a)(6), not identical to it. But (b) ends with a saving clause the row's earlier passes never served, and it matters to anyone relying on the absence of a signed deed: (b) "does not affect the power of a testator in the disposition of real property by will, nor prevent a trust's arising or being extinguished by implication or operation of law, nor affect the power of a court to compel specific performance of an agreement in relation to the property."
10 authorities
- statuteAS 09.25.010enactment date not established
The words that state the rule
In the following cases and under the following conditions an agreement, promise, or undertaking is unenforceable unless it or some note or memorandum of it is in writing and subscribed by the party charged or by an agent of that party:
- statuteAS 09.25.010enactment date not established
The words that state the rule
an agreement for leasing for a longer period than one year, or for the sale of real property, or of any interest in real property, or to charge or encumber real property
- statuteAS 09.25.010enactment date not established
The words that state the rule
an agreement that by its terms is not to be performed within a year from the making of it;
- statuteAS 09.25.010enactment date not established
The words that state the rule
a special promise to answer for the debt of another; (4) an agreement by an executor or administrator to pay the debts of the testator or intestate out of the personal estate of the executor or administrator; (5) an agreement made upon consideration of marriage other than mutual promises to marry;
- statuteAS 09.25.010enactment date not established
The words that state the rule
an agreement authorizing or employing an agent or broker to sell or purchase real estate for compensation or commission; however, if the note or memorandum of the agreement is in writing, subscribed by the party to be charged or by a lawfully authorized agent, contains a description of the property sufficient for identification, authorizes or employs the agent or broker named in it to sell the property, and expresses with reasonable certainty the amount of the commission or compensation to be paid the agent or broker, the agreement of authorization or employment is not unenforceable for failure to state a consideration;
- statuteAS 09.25.010enactment date not established
The words that state the rule
an agreement to lend more than $50,000 or to grant or extend credit of more than $50,000, if the loan or grant or extension of credit is not primarily for personal, family, or household purposes and if the person who agrees to lend or grant or extend credit is engaged in the business of lending or arranging for the lending of money or the granting or extension of credit; in this paragraph a loan secured solely by residential property consisting of one to four dwelling units is considered to be a loan primarily for personal, family, or household purposes.
- statuteAS 09.25.010enactment date not established
The words that state the rule
No estate or interest in real property, other than a lease for a term not exceeding one year, nor any trust or power concerning the property may be created, transferred, or declared, otherwise than by operation of law, or by a conveyance or other instrument in writing subscribed by the party creating, transferring, or declaring it or by that party's agent under written authority and executed with the formalities that are required by law. If the estate or interest in real property is created, transferred, or declared to a nonresident alien or for the benefit of a nonresident alien, the instrument shall so state and shall contain the name and address of the alien. This subsection does not affect the power of a testator in the disposition of real property by will, nor prevent a trust's arising or being extinguished by implication or operation of law, nor affect the power of a court to compel specific performance of an agreement in relation to the property.
- statuteAS 45.02.201enactment date not established
The words that state the rule
Except as otherwise provided in this section a contract for the sale of goods, including the sale or transfer of a boat or vessel, for the price of $500 or more is not enforceable by action or defense unless there is a writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by an authorized agent or broker of that party. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this subsection beyond the quantity of goods shown in such writing.
- statuteAS 45.02.201enactment date not established
The words that state the rule
Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of (a) of this section against the party unless written notice of objection to its contents is given within 10 days after it is received.
- statuteAS 45.02.201enactment date not established
The words that state the rule
A contract that does not satisfy the requirements of (a) of this section but that is valid in other respects is enforceable (1) if the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller's business and the seller, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; (2) if the party against whom enforcement is sought admits in a pleading, in testimony, or in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or (3) with respect to goods for which payment has been made and accepted or that have been received and accepted ( AS 45.02.606 ).
“Defective” means that reading found something to correct. What you are reading is the rule as it stands after that reading.