Legal Question in Civil Litigation in Florida

Statute of frauds defense
I am a plaintiff in breach of contract. We have strong support for contract including written and oral evidence. The defendant has put fortha statute of fraud defense as the only element not fully documented is the duration of the agreement. There is considerable oral testimony to duration. I have documentation from the defendant which states: ''I would like to develop a database for you to service in addition to yours, if we could agree on your commitment to purchase our product over a 12 month period. This is the follow up from the defendant: It was good to speak with you last night. I am glad you agreed with our Go to Market Plan and will commit to several containers a year on our XXXX product, based on your needs.
Is this sufficient writing to fight off Summary judgement motion for statute of frauds based on no duration of the contract? The other terms of the contract are all clearly written.

Asked on 1/14/09, 6:57 pm

2 Answers from Attorneys

John DeLancett Law Offices of John DeLancett, PL.

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Re: Statute of frauds defense

No one can definitvely answer your question without knowing all the facts and reviewing all the documents. Generally speaking, a court can consider contemporaneous writings in determining the terms of a contract. There are other counter arguments such as the integretion rule. The moving party on a motion for summary judgment bears a high burden of demonstratihg that there is no material factual issue based upon all evidence in the record. You most oppose the motion with sworn affidavits and lay proper evidentiary foundations to have the court consider documentary evidence. If there is a doubt as to any factual issue the court should deny the motion and send the case to trial.

Answered on 1/14/09, 7:20 pm

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