Blue Sky Travel and Tours, LLC v. Nasser Al Tayyar

I disagree with the majority’s conclusion that the oral agreement in this case is not within the Virginia statute of frauds. See Va.Code Ann. § 11-2(8) (no action may be brought on an oral contract if the contract is based on an “agreement that is not to be performed within a year”). The Supreme Court of Virginia has explained that when “it appears by the whole tenor of an agreement not in writing that it is to be performed after the first year, then the contract is within the statute and must be in writing.” Silverman v. Bernot, 218 Va. 650, 239 S.E.2d 118, 121 (1977). However, when “by its…