For the sale of goods, later codified in the Uniform Commercial Code, this means quantity, as all other terms can be determined using a reasonable “gap filler.” For services, this means the identification of the parties, the service and timing sufficient for a court to determine the parties’ intent. In most states, only the material terms of a contract must be in writing. However, over time, a number of exceptions developed. These included contracts for marriage, for services that by their terms required performance for more than one year, agreements to transfer interests in real estate, wills and executor contracts, sureties and contracts for the sale of goods over a certain value, to name a few. Beginning in 1677, and by some accounts earlier, with an act of English parliament, certain contracts must have been in writing and signed by the party against whom enforcement was sought to be enforceable. The contract signature requirement is older than our US common law. Your client could settle his case without your input – and horribly.
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DO NOT EMAILYOUR SPOUSE! How many times have you wanted to say that to your client? There's good reason - commercial contract principles often apply, with full force, to family court settlement negotiations.
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