Answer:
b. Smokey will win because the contract did not need to be in writing.
Explanation:
The Statute of Fraud requires that certain contracts must be in writing to be enforceable. Oral contracts are enforceable if they fulfill certain conditions and if the consideration is below $500. The contract between Speed Racer and Smokey is for less than $495 which clarifies that the contract does not need to be in writing. Also Smokey paid $100 as a deposit to Speed Racer which is part performance of the contract. This made the contract enforceable and Speed Racer will lose. Â