If the main purpose of the promisor (surety) is to obtain an economic benefit that he did not previously enjoy, the promise is not within the statute of frauds.

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The main purpose rule, or leading object rule, states that if the promisor's main purpose is to secure a personal benefit, the promise does not fall under the statute of frauds and does not need to be in writing.

If the Main Purpose of the Promisor (Surety) Is to Obtain