Unformatted text preview: enforceable because the debt is a preexisting legal obligation. Restatement Â§ 82 â a promise to pay a debt barred by the statute of limitations can be express or it may be implied from the conduct of the obligor. Implied = partial payment, acknowledgment of the debt, etcâ¦ Promises to pay debts previously discharged in bankruptcy are also legally enforceable. Unlike promises to pay debts barred by the statute of limitations, promises to pay debts discharged in bankruptcy will not be judicially implied. Restatement Â§ 83 provides that the promise must be express. The court in Mills also refers to âdebts incurred by infantsâ as a situation in which the law will enforce a promise for benefits previously received. Restatement Â§ 85 â reflects the rule that a minorâs promise when he reaches the age of majority to perform a contract made during minority is legally binding....
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- Fall '08
- Law, legal obligation, Wyman, Massachusetts Supreme Judicial Court