Does this agreement have to be in writing to be enforceable in Illinois?
Under the Frauds Act no action shall be brought to charge an executor or administrator on a special promise to answer damages out of his own estate, to charge a defendant on a special promise to answer for the debt, default or miscarriage of another, to charge a person on an agreement made on consideration of marriage, or on any agreement that is not to be performed within the space of one year from the making thereof, unless the promise or agreement, or some memorandum or note of it, is in writing and signed by the party to be charged therewith, 'or some other person thereunto by him lawfully authorized' (740 ILCS 80/1). No action shall be brought on any contract for the sale of lands, tenements or hereditaments or any interest in or concerning them, for a longer term than one year, unless the contract or a memorandum of it is in writing and signed by the party to be charged or by a person lawfully authorized IN WRITING, signed by that party (740 ILCS 80/2). For goods, the section opens on its own exceptions, "Except as otherwise provided in this Section", and then provides that a contract for the price of $500 or more is not enforceable by way of action or defence unless there is a record sufficient to indicate a contract for sale, signed by the party against whom enforcement is sought or its authorized agent or broker (810 ILCS 5/2-201(1)); so the $500 rule is never the whole answer, and subsections (2) and (3) are part of it.
The trap
Two Illinois particulars in the published text. In § 80/2 the agent's authority to sign for a land contract must itself be in writing, signed by the principal (an orally authorized agent's signature does not satisfy the section), which is stricter than § 80/1, where the agent need only be 'thereunto by him lawfully authorized'. And the Illinois § 2-201 threshold in the published text is $500, so the writing requirement for goods bites at a low value; the section speaks of a 'record', and Illinois' UETA applies to electronic records and signatures relating to a transaction except as its subsection (b) provides, and (b) excludes the UCC OTHER THAN §§ 1-107, 1-206, Article 2 and Article 2A (815 ILCS 333/3(a), (b)(2)), so Article 2 sales are within UETA. Section 2-201(2) binds a merchant recipient to a confirming record absent objection in a record within 10 days, and (3) enforces a contract without a sufficient record for specially manufactured goods, to the quantity admitted in court, and for goods paid for and accepted or received and accepted, and under § 2-201(1) a record that omits or misstates a term still works, but never beyond the quantity of goods it shows. Under the Frauds Act the consideration for the promise need not appear in the writing at all; it may be proved by parol (740 ILCS 80/3).
8 authorities
- statute740 ILCS 80/1enactment date not established
The words that state the rule
That no action shall be brought, whereby to charge any executor or administrator upon any special promise to answer any debt or damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person, or to charge any person upon any agreement made upon consideration of marriage, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
- statute740 ILCS 80/2enactment date not established
The words that state the rule
No action shall be brought to charge any person upon any contract for the sale of lands, tenements or hereditaments or any interest in or concerning them, for a longer term than one year, unless such contract or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized in writing, signed by such party.
- statute810 ILCS 5/2-201enactment date not established
The words that state the rule
Except as otherwise provided in this Section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is a record 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 the party's authorized agent or broker.
- statute810 ILCS 5/2-201enactment date not established
The words that state the rule
A record 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 the record. (2) Between merchants if within a reasonable time a record 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 subsection (1) against the party unless notice in a record of objection to its contents is given within 10 days after it is received.
- statute810 ILCS 5/2-201enactment date not established
The words that state the rule
(3) A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable (a) 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 which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or (b) if the party against whom enforcement is sought admits in his pleading, testimony or otherwise 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 (c) with respect to goods for which payment has been made and accepted or which have been received and accepted (Section 2-606).
- statute740 ILCS 80/3enactment date not established
The words that state the rule
The consideration of any such promise or agreement need not be set forth or expressed in the writing, but may be proved or disproved by parol or other legal evidence.
- statute740 ILCS 80/2enactment date not established
The words that state the rule
This section shall not apply to sales for the enforcement of a judgment for the payment of money or sales by any officer or person pursuant to a judgment or order of any court in this State.
- statute815 ILCS 333/3enactment date not established
The words that state the rule
(a) Except as otherwise provided in subsection (b), this Act applies to electronic records and electronic signatures relating to a transaction. (b) This Act does not apply to a transaction to the extent it is governed by: (1) a law governing the creation and execution of wills, codicils, or testamentary trusts; (2) The Uniform Commercial Code other than Sections 1-107 and 1-206, Article 2, and Article 2A.
“Defective” means that reading found something to correct. What you are reading is the rule as it stands after that reading.