Final answer:
The contract between Yu and Benson would generally fall under the Statute of Frauds if it specifies employment for one year with immediate start, as such contracts must be in writing to be enforceable. However, the inclusion of a probationary period or other terms that allow for termination before the year is up could potentially exclude it from the Statute's requirements.
Step-by-step explanation:
Whether the contract between Yu and Benson falls under the Statute of Frauds depends on the duration and terms of the employment agreement.
If the contract specifies employment for one year with immediate start, it generally would fall under the purview of the Statute of Frauds. According to the Statute, contracts that cannot be performed within a year must be in writing to be enforceable. This provision helps provide clear evidence of the agreement's terms and prevents misunderstandings or fraud. However, if the agreement can be terminated by either party prior to the expiration of one year or there is a probationary period, the contract may not need to be in writing, as it could theoretically be completed in less than one year.
Employment agreements, especially for personal services, might also include conditions like trial periods or varying pay scales during this time, as a precaution against hiring a 'lemon' of an employee. In some cases, employers may specify these periods of evaluation, where they have the right to terminate the employment for any reason, which can affect the application of the Statute of Frauds to the contract.