To satisfy the Statute of Frauds, which of the following is FALSE with respect to a sale of goods?

• A. The writing need not be the contract itself.
• B. The writing need only be signed by the party against whom enforcement is sought.
• C. The writing must contain the price of the goods.
• D. The writing must contain a quantity of goods sold.

Answer: (C)

In contracts for the sale of goods, the writing requirement under the Statute of Frauds is focused on identifying the goods and the quantity, and it must be signed by the party to be charged. The writing need not be the contract itself; a purchase order, an emailed confirmation, or a signed letter can satisfy the writing if it demonstrates there is a contract for the sale of goods, who is bound, and what is being bought. The quantity of goods sold must be stated in the writing, which is essential to enforceability.

What the writing does not have to include is the price. The price term can be missing, with price to be determined later or by a reasonable price at delivery under the open-price term rule. Therefore, the statement that the writing must contain the price is not required and is the false option.