Dr. Aurigemma sued his employer, a rehabilitation center, for violation of an alleged oral agreement pursuant to which the doctor alleged he was to serve as medical director. The doctor alleged that he entered into an oral agreement on September 4, 2003, whereby he agreed to serve as medical director for one year beginning October 1, 2003 for a salary of $120,000. The employer denied any such agreement and contended that the contract was not enforceable. Does the Statute of Frauds require that the agreement be in writing?

Question

Dr. Aurigemma sued his employer, a rehabilitation center, for violation of an alleged oral agreement pursuant to which the doctor alleged he was to serve as medical director. The doctor alleged that he entered into an oral agreement on September 4, 2003, whereby he agreed to serve as medical director for one year beginning October 1, 2003 for a salary of $120,000. The employer denied any such agreement and contended that the contract was not enforceable. Does the Statute of Frauds require that the agreement be in writing?​

Quizplus · Accepted Answer

The Statute of Frauds requires certain types of contracts to be in writing to be enforceable. One of the criteria is that the contract cannot be performed within one year from the date of its making. Since the agreement in question spans over a year from the date it was allegedly made (September 4, 2003) to its completion (beyond October 1, 2004), it falls under this requirement. The fact that it was for more than $500 is relevant under the Statute of Frauds but for a different reason than the one-year rule.

Dr Aurigemma Sued His Employer, a Rehabilitation Center, for Violation