Which of the following is true regarding Fran's assertion that she should be allowed to recover from the coach?
A) Based upon the facts given, Fran cannot recover because the father, who was not a merchant in regards to the transaction and had not signed anything showing that he was to be charged for the shirts.
B) Fran can recover because she sent the father a confirming letter, and he did not object within 10 days of receipt.
C) Fran can recover because she sent the father a confirming letter, and he did not object within 20 days of receipt.
D) Fran can recover because the transaction was not covered by the UCC.
E) Fran can recover only if she can prove by testimony of a witness that the father received the confirming letter and read it.

Question

Quizplus · Accepted Answer

If two merchants have an oral agreement, a written memo from either party to the other is deemed to satisfy the statute of frauds, even if it is not acknowledged by the receiving party. If the memo is not objected to within 10 days of receipt, the oral agreement, memorialized by the memo, is binding. Here, the father was not a merchant.

Which of the Following Is True Regarding Fran's Assertion That