Duval Manufacturing Industries, Inc. orally engaged Harris as one of its district sales managers for an eighteen-month period commencing April 1, 2007. Harris commenced work on that date and performed his duties in a highly competent manner for several months. On October 1, 2007, the company gave Harris a notice of termination as of November 1, 2007, citing a downturn in the market for its products. Harris sues seeking either specific performance or damages for breach of contract. Duval pleads the Statute of Frauds and/or a justified dismissal due to the economic situation. What is the probable outcome of the lawsuit?

  1. Harris will prevail because he has partially performed under the terms of the contract.
  2. Harris will lose because his termination was caused by economic factors beyond Duval’s control.
  3. Harris will lose because such a contract must be in writing and signed by a proper agent of Duval.
  4. Harris will prevail because the Statute of Frauds does not apply to contracts such as his.