This is a cross post from Law360.  Please contact Sarah Rathke or Alexis Chandler 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 Alexis Chandler and Sarah Rathke here.