The test under the one-year provision of the statute of frauds is whether the terms of the contract make it possible for performance to occur within one year.

Question

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The statement is true. The one-year provision of the statute of frauds requires that a contract be in writing if it cannot be performed within one year from the date of its formation. The test is whether it is possible for performance to occur within one year, not whether it is likely.

The Test Under the One-Year Provision of the Statute of Frauds