On June 1, Jen enters into an oral contract to work as a sales consultant for B&O. Employment is to begin on Sep. 1. On June 31, Jen receives a letter signed by B&O's President stating that the company is revoking the employment contract entered into on June 1, because they have decided to employ a Phile consulting firm rather than hire a full-time consultant. It will not be necessary for her to report to work and they will not be paying the agreed-upon salary of $25,000. The employment contract
A. Is unenforceable because it violates the Statute of Frauds
B. Is enforceable because Jen made part performance
C. Is valid and enforceable by Jen
D. Is unforceable because it violates the Statute of Limitations
I think #A
The answer to this question is A. The employment contract is unenforceable because it violates the Statute of Frauds.
To explain further, the Statute of Frauds is a legal principle that requires certain contracts to be in writing in order to be enforceable. In general, contracts for the sale of goods over a certain value, contracts for the transfer of real property, and contracts that cannot be performed within one year are subject to the Statute of Frauds.
In this case, the oral employment contract between Jen and B&O falls under the category of a contract that cannot be performed within one year, as the employment was supposed to begin on September 1. According to the information given, there is no written contract in place. Therefore, the contract is unenforceable under the Statute of Frauds.
Part performance, as mentioned in option B, is a concept where the performance of some obligations under an oral contract can make it enforceable. However, in this scenario, there is no indication that Jen has performed any part of her obligations under the contract, so option B does not apply.
Options C and D are not applicable because the enforceability of the contract is determined by the Statute of Frauds, not the Statute of Limitations. The Statute of Limitations sets a time limit within which legal action must be brought, but it does not determine the enforceability of a contract.
Therefore, the correct answer is A. The employment contract is unenforceable because it violates the Statute of Frauds.