It's an exception to the SOF requirement that the writing be signed by the ∆. The exception allow one party to use its own signed writing
to satisfy the SOF against a non-signing ∆
where all the following are true:
- 1) both parties are "merchants"
- 2) the writing claims a prior oral agreement
- 3) the writing is signed and has a quantity, and
- 4) there is no written objection within 10 days
The typical fact pattern where the exception applies involves two merchants
who agree over the phone
, and one follows-up with a written confirmation
. Article 2 lets a merchant use its own confirmation to satisfy SOF against another merchant, even if the latter does not sign the confirmation.