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Stuart claimed that when he was hired by Midwest Bottling Co., the company orall

ID: 419983 • Letter: S

Question

Stuart claimed that when he was hired by Midwest Bottling Co., the company orally offered a contract to employ him until he retired. Stuart claimed he accepted and told Midwest Bottling Co. he might not retire for 10 more years. Three years later, Midwest Bottling Co. terminated Stuart's employment. Stuart sued, claiming breach of employment contract. Midwest Bottling claimed the alleged oral contract was required by the Statute of Frauds to be in writing because it could not be completed in one year and therefore was unenforceable. Did the contract fall within the Statute of Frauds?

Yes, because Stuart worked for the company 3 years before being fired

Yes, because Stuart told the company he might not retire for 10 more years

No, because it was possible for the oral contract to be completed within 1 year

No, because the oral contract was unconscionable   

Explanation / Answer

No, the contract would not fall within the Statute of Frauds because it was possible for the oral contract to be completed within 1 year.

A wriiten agreement would have helped Stuart