Work Corp. has decided to expand the scope of its business. In this connection, it contemplates engaging several agents. Which of the following agency relationships is within the Statute of Frauds and thus should be contained in a signed writing?
  A. An irrevocable agency.
  B. An agency which is of indefinite duration but which is terminable upon 1 month’s notice.
  C. A sales agency where the agent normally will sell goods which have a value in excess of $500.
  D. An agency for the forthcoming calendar year which is entered into in mid-December of the prior year.
  Anwser:D
  D is corrent. Under the Statute of Frauds, certain contracts must be contained in a signed writing to be enforceable. Among these is a contract that cannot be performed within 1 year. In a personal service contract, the 1-year period begins running at the time that the contract is formed, not at the time the service is to commence. A contract creating an agency relationship for the forthcoming year which is entered into in mid-December of the prior year could not possibly be performed within 1 year and, therefore, must be contained in a signed writing in order to be in compliance with the Statute of Frauds.
  A is incorrect. An irrevocable agency need not be contained in a signed writing.
  B is incorrect. This situation describes an agency relationship which is capable of being performed in 1 year or less.
  C is incorrect. An agreement creating an agency relationship authorizing the agent to sell goods that have a value in excess of $500 need not be in writing, although any such contracts entered into by that agent must be in writing in order to be enforceable under the Statute of Frauds.