Question

Nellie orally agreed to hire Handyman Construction to build a cherry mantle for her fireplace for $1,750. The mantle was going to be specially manufactured. Handyman Construction obtained all the material for the job. Before Handyman Construction started work on the mantle, Nellie contacted the company and told it that she no longer wanted the mantle. Handyman Construction sued Nellie for breach of contract, and she raised the defense that the contract was not in writing as required by the statute of frauds. Handyman Construction then countered that the writing was not needed because the mantle was going to be specially manufactured. What result?

a. Handyman Construction prevails because it specially manufactured the ramp.
b. Handyman Construction prevails because the materials could not be used for other jobs.
c. Handyman Construction loses because the materials could be used for other jobs.
d. Handyman Construction loses because the contract needed to be in writing.

Answer 1

The correct answer is the option A: Handyman Construction prevails because it specially manufactured the ramp.

Step-by-step explanation:

To begin with, the ''Statute of Frauds'', in the field of the law, refers to the requirement that certain contracts must be memorialized in writing and signed by the party to be charged so there is enough evidence in order to make it a valid contract. Although the many applications of the statute, it has some exceptions to the rule.

To continue, in the United States the statute can be denied in the defense and the agreement between the parties may be enforced even if it does not comply with the statute of frauds in the situation where the goods were specially manufactured for the buyer and the seller either began manufacturing them or started a third party contract in order to manufacture them.

In conclusion, Handyman Construction prevails because it specially manufactured the ramp for Nellie and the statute of frauds can not be used in the defense at the court.