Fact pattern for Questions FP 9 - FP 11

Shirts-for-Less is dissatisfied with its customary shirt supplier, SC Mills, and decides to try a new supplier.Shirts-for-Less telephones an order to Bama Weavers for 500 T-shirts at $15 each ($7,500 total order).The shirts will be emblazoned with the "Roll Tide" Alabama slogan above the words, "2022 NCAA Football National Champs."After the phone call, Bama Weavers writes a memo, detailing the terms of the purchase and emails it to Shirts-for-Less.

Shirts-for-Less intends to resell the shirts through its online website after the National Championship game.On the morning of the championship, Bama Weavers ships the completed shirts to Shirts-for-Less via FedEx.Unfortunately, the Georgia Bulldogs win the game and Shirts-for-Less refuses to accept delivery of the shirts, having decided no one would buy them.Bama Weavers subsequently files suit against Shirts-for-Less alleging breach of contract and seeks $17,500 in damages ($7,500 actual and $10,000 punitive).Shirts-for-Less files an answer to the complaint denying a valid contract was every formed with Bama Weavers.

Question FP 10: Does this contract have to be in writing to be enforceable?

Yes, because all contracts must be in writing.

Yes, because the contract is for the sale of goods valued at over $500.

No, because the contract is for specially manufactured goods and falls within an exception to the statute of frauds.

No, because the contract is a promise to pay the debt of another.