The Law (In Plan) for Crafts potx

[...]... writing and signed by the party against whom the contract is sought to be enforced (i.e., the one that has breached the contract) The fact that a contract for a price in excess of $500 is not in writing does not void the agreement The parties are free to perform the oral arrangement, but if one party refuses to perform, the other will be unable to legally enforce the agreement The law defines “goods”... five works within the first year The fact that the crafts artist does not actually complete performance of the contract within one year is immaterial So long as complete performance within one year is within the realm of possibility, the contract need not be in writing to be enforceable The Statute of Frauds further provides that any contract for the sale of goods for $500 or more is unenforceable unless... introduce the memorandum as proof of the terms of the oral agreement Second, the recipient of the memorandum will be precluded from offering any proof regarding the terms of the oral contract that contradicts the terms contained in the memorandum The recipient or, for that matter, the party sending the memorandum can only introduce proof regarding the terms of the oral contract that are consistent with the. .. years, the contract would have to be in writing, since, by the very terms of the agreement, there is no way the contract could be performed within one year If, on the other hand, the contract called for the artist to deliver five large works within a period of five years, the contract would not have to be in writing under the Statute of Frauds, since it is possible, though perhaps not probable, that the. .. driving to the clay supplier, the assistant will be liable for the negligent act, and the corporation may be liable as well The craftsperson who owns the corporation, however, will probably not be personally liable The second area of difference is in continuity of existence The many events that can cause the dissolution of a partnership do not have the same result when they occur within the corporate... promises they have made to each other In the event of nonperformance—usually called a breach the law provides remedies to the injured party For the purposes of this discussion, we will assume that the contract is between two people, although a contract may include several people and/or other entities The three basic elements of every contract are the offer, the acceptance, and the consideration Example:... that are movable at the time of making the contract, except for the money used as payment There can be little doubt that the vast majority of craftswork or crafts supplies will be considered goods, so the real question here becomes whether a par- Chptr 2 6/7/05 12:35 PM Page 22 22 • T H E L AW ( I N P L A I N E N G L I S H ) ® FOR CRAFTS ticular contract involves the sale of goods for a price of $500... contract is the correct one, then the oral contract may be considered nonexistent The same result might occur if the parties cannot remember the precise terms of the agreement, which is often the case WHEN WRITTEN CONTRACTS ARE REQUIRED Even if an oral contract is established, it may not always be enforceable There are some agreements that the law requires to be in writing to be enforceable An early law that... found in the memorandum Thus, the dealer in the above example could not claim that the contract called for the delivery of six pieces of pottery, because the quantity was stated and the dealer did not object On the other hand, a dealer would be permitted to testify that the oral Chptr 2 6/7/05 12:35 PM Page 24 24 • T H E L AW ( I N P L A I N E N G L I S H ) ® FOR CRAFTS contract required the potter... with the patron or obtained a photograph, conceptualized the project, and merely had Resnikoff execute the final product, should Fox be considered the artist or at least a co-author? The dilemma presented when the person who actually executes the work is different from the one who has the original idea is a difficult one In Sanchez v Stein, the issue was resolved by the parties themselves prior to the . DuBoff [ in Plain English ] ® [ attorney-at -law] Crafts S IXTH E DITION for LAW THE THE LAW ALLWORTH PRESS NEW YORK The Law_ Crafts Title Page 6/8/05 11:04 AM Page. These attorneys formed the first Volunteer Lawyers for the Arts (VLA), and the concept quickly spread throughout the United States and Europe. The evolutionary