Title 11, Chapter 2A, Section 201
( 11-2A-201)
Statute of frauds. (1) A lease contract is not enforceable by way of action or defense
unless: (a) The total payments to be made under the lease contract,
excluding payments for options to renew or buy, are less than
$1,000; or (b) There is a writing, signed by the party against whom
enforcement is sought or by that party's authorized agent,
sufficient to indicate that a lease contract has been made between
the parties and to describe the goods leased and the lease term. (2) Any description of leased goods or of the lease term is
sufficient and satisfies subsection (1)(b), whether or not it is
specific, if it reasonably identifies what is described. (3) A writing is not insufficient because it omits or incorrectly
states a term agreed upon, but the lease contract is not enforceable
under subsection (1)(b) beyond the lease term and the quantity of
goods shown in the writing. (4) A lease contract that does not satisfy the requirements of
subsection (1), but which is valid in other respects, is
enforceable: (a) If the goods are to be specially manufactured or obtained for
the lessee and are not suitable for lease or sale to others in the
ordinary course of the lessor's business, and the lessor, before
notice of repudiation is received and under circumstances that
reasonably indicate that the goods are for the lessee, has made
either a substantial beginning of their manufacture or commitments
for their procurement; (b) If the party against whom enforcement is sought admits in that
party's pleading, testimony or otherwise in court that a lease
contract was made, but the lease contract is not enforceable under
this provision beyond the quantity of goods admitted; or (c) With respect to goods that have been received and accepted by
the lessee. (5) The lease term under a lease contract referred to in subsection
(4) is: (a) If there is a writing signed by the party against whom
enforcement is sought or by that party's authorized agent
specifying the lease term, the term so specified; (b) If the party against whom enforcement is sought admits in that
party's pleading, testimony, or otherwise in court a lease term,
the term so admitted; or (c) A reasonable lease term. |