This is a cross post from Law360. Please contact Sarah Rathke with any questions.
In the US, the UCC Statute of Frauds’ (2-201) requirement that a contract must contain a written quantity term to be a binding contract, has been the law of the land in all 49 states that have adopted the UCC. This is now being questioned by a pending Michigan Supreme Court case, which is considering whether a “blanket purchase order” that sets forth no firm quantity can nevertheless constitute a binding agreement – a testament, no doubt, to the power of the automotive industry in Michigan. Read more analysis in this article recently published in Law360 by Sarah Rathke here.