Which of the following is the most likely result of Bruce's attempt to avoid his agreement to pay creditors of the estate out of his own pocket?
A) He will be able to avoid the agreement because it was not in writing.
B) He will be able to avoid the agreement because a promise to pay the debts of an estate would not come within the statute of frauds.
C) A promise to pay debts of an estate out of an executor's own funds would come within the statute of frauds, but the oral agreement Bruce made will likely be enforceable under the substantial-purpose rule.
D) A promise to pay debts of an estate out of an executor's own funds would come within the statute of frauds, but the oral agreement Bruce made will likely be enforceable under the main-purpose rule.
E) A promise to pay debts of an estate out of an executor's own funds would come within the statute of frauds; but regardless of whether the debtors can establish reliance, the oral agreement Bruce made will likely be enforceable because he admitted he had agreed to pay.

Question

Quizplus · Accepted Answer

There is an exception to the statute of frauds under which a secondary obligation need not be in writing: the main-purpose rule. If the main purpose for incurring a secondary obligation is to obtain a personal benefit, the promise does not fall within the statute and does not have to be in writing.

Which of the Following Is the Most Likely Result of Bruce's