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Unformatted text preview: enforceable because the debt is a preexisting legal obligation. Restatement 82 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, etc 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 83 provides that the promise must be express. The court in Mills also refers to debts incurred by infants as a situation in which the law will enforce a promise for benefits previously received. Restatement 85 reflects the rule that a minors promise when he reaches the age of majority to perform a contract made during minority is legally binding....
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This note was uploaded on 04/10/2011 for the course LAW 501 taught by Professor Roy during the Fall '08 term at Ole Miss.
- Fall '08