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Unformatted text preview: or this exception to apply, the admission must be in pleadings, or in testimony under oath. Suppose in the example above, Sam sues Janet to make good on her oral promise, and on the witness stand, Janet says, “Well, we did have that conversation, but there’s nothing in writing so it doesn’t count.” Janet, who should have taken business law, is now bound to her promise.
An exception unique to the promise to pay the debt of another is where the promisor’s primary motive is to secure a benefit for himself, rather than the person getting the benefit. For example, suppose Janet is wholly dependent on her son Eric for transportation, and the only reason he is purchasing this car is to drive her around, since Eric has a motorcycle for his personal use. In that situation, it is not difficult to understand why Janet would guarantee Eric’s debt, and the law will enforce Janet’s oral promise. A Promise That by Its Terms Cannot Be Performed Within One Year of the
Date the Contract Is Made
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