Statute of Frauds Practice Questions

Isber Nida graduated from New York University with a degree in marketing and landed a job at a well-known marketing firm. September 30, 2022, she gave notice to the firm that she would be leaving at the end of the year to start her own marketing firm. That same day, Nida made an oral agreement with XYZ Management Company to rent office space for one year on the second floor of a small commercial building with the lease to begin on January 1, 2023.

On September 30, 2022, Nida also hired Natalia, an NYU graduate student, as an office administrator for a two-year period starting on January 1, 2023. Because Nida and Natalia knew each other from their student days at NYU, the two made their employment arrangements by telephone.

On December 30, 2022, Nida telephoned Vitali, the manager at Thrifty Furniture, and ordered several pieces of office equipment and office furniture for a total of $10,000, with delivery to be made on January 2, 2023. Because Vitali was the brother-in-law of Nida's sister, Vitali agreed to waive Thrifty Furniture's mandatory policy that all sales in excess of $200 must be in writing.

On December 31, 2022, Nida was informed that she was awarded a prestigious research fellowship in marketing. The fellowship, was set to begin in February 2023, and would require Nida to spend time teaching overseas.

Before Nida accepts the scholarship, she approaches you to advise her whether she can avoid liability on any of the three contracts if she breaches each of them and uses the defense of Statute of Frauds.

As to each contract, separately explain whether the contract is enforceable against Nida if she pleads the Statute of Frauds as her defense and why.

(a) Nida's lease with XYZ Management Company

(b) Nida's employment contract with Natalia

(c) Nida's sales contract with Thrifty Furniture