Question

I buy paint on credit from Lowe's to paint Sandy's house. She orally promises to pay Lowe's if I don't pay [suretyship]. Can Lowe's enforce Sandy's oral promise against her?

Answer 1

Sandy's oral promise to pay Lowe's on behalf of another may not be enforceable due to the Statute of Frauds, which generally requires suretyship agreements to be in writing.

Step-by-step explanation:

The enforceability of Sandy's oral promise to pay Lowe's if the original debtor does not can be assessed in the context of suretyship. Under the Statute of Frauds, which is a legal doctrine in contracts law, certain types of contracts must be in writing to be enforceable. A suretyship, which is a promise to answer for the debt of another, is typically one of the types of agreements that fall under this requirement. Since Sandy's promise to pay Lowe's was made orally rather than in writing, Lowe's might not be able to enforce the promise against her unless an exception to the Statute of Frauds applies.