One should always back up their oral contracts by getting something in writing. This will ensure the terms of the contract. Brian’s promise to Harry was oral. The oral contract exceeded one year and therefore was not enforceable because it was not in writing. There was no Statute of Frauds set in order to ensure that the terms are not forgotten, misunderstood, or fabricated. There is no evidence in writing confirming an agreement between Brian and Harry in regards to the trains. Therefore, any court will hold that the Statue of Frauds requires the agreement between Brian and Harry to be in writing because it was an oral agreement that exceeded one year.
Although, the word “when” in his conversation indicated a condition; “When I retire in 2 years from Foodmart, I’m going to sell my trains and spend the rest of my life traveling on real trains.” It would have been considered a conditional promise, had the promise not exceeded one year.
Yes, Brian breached the oral contract made to sell the trains to Harry but after a year the oral contract would legally be declared voided if there were no Statue of Frauds to back up the contract. This also goes for promissory estoppel. Had this promise only lasted within the first year, Henry could have prevailed in his case because he reasonably relied on the promise made by Brian. Personal loss in regards to his finances may have been suffered by Henry while adding on to his home and borrowing money from family. Unfortunately, without terms set in writing, Brian would win this case.