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§12A-2A-201.
§12A-2A-201.
STATUTE OF FRAUDS
(1) A lease contract is not enforceable by way of action or defense
unless:
(a) the total payments to be made under the lease contract, excluding
payments for options to renew or buy, are less than One Thousand
Dollars ($1,000.00); or
(b) there is a writing, signed by the party against whom enforcement
is sought or by that party's authorized agent, sufficient to indicate
that a lease contract has been made between the parties and to
describe the goods leased and the lease term.
(2) Any description of leased goods or of the lease term is sufficient
and satisfies paragraph (b) of subsection (1) of this section, whether
or not it is specific, if it reasonably identifies what is described.
(3) A writing is not insufficient because it omits or incorrectly
states a term agreed upon, but the lease contract is not enforceable
under paragraph (b) of subsection (1) of this section beyond the lease
term and the quantity of goods shown in the writing.
(4) A lease contract that does not satisfy the requirements of
subsection (1) of this section, but which is valid in other respects,
is enforceable:
(a) if the goods are to be specially manufactured or obtained for the
lessee and are not suitable for lease or sale to others in the
ordinary course of the lessor's business, and the lessor, before
notice of repudiation is received and under circumstances that
reasonably indicate that the goods are for the lessee, has made either
a substantial beginning of their manufacture or commitments for their
procurement;
(b) if the party against whom enforcement is sought admits in that
party's pleading, testimony or otherwise in court that a lease
contract was made, but the lease contract is not enforceable under
this provision beyond the quantity of goods admitted; or
(c) with respect to goods that have been received and accepted by the
lessee.
(5) The lease term under a lease contract referred to in subsection
(4) of this section is:
(a) if there is a writing signed by the party against whom enforcement
is sought or by that party's authorized agent specifying the lease
term, the term so specified;
(b) if the party against whom enforcement is sought admits in that
party's pleading, testimony, or otherwise in court a lease term, the
term so admitted; or
(c) a reasonable lease term.
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