Under the time-barred debt rule, a written promise to pay by the debtor is enforceable even without consideration.

Under the time-barred debt rule, a written promise to pay by the debtor is enforceable even without consideration.

• A. It is enforceable even without consideration
• B. It must be supported by new consideration
• C. It requires a new contract
• D. It is never enforceable

Answer: (A)

When a debt is time-barred by the statute of limitations, a written promise to pay can revive the obligation and be enforceable even without new consideration. The reasoning is that the promise, being in writing, satisfies the formal requirement for enforceability and serves as a fresh, binding commitment to pay the debt. The law treats this written promise as enough to support enforcement because it creates a new, enforceable obligation despite the prior time limitation. This avoids injustice by allowing a debtor’s clear written assurance to revive the creditor’s ability to recover. So, the promise does not need new consideration, and it does not require a new contract separate from the old one; the writing itself revives and enforces the obligation. It is not never enforceable—the written promise on a time-barred debt is an exception to the usual need for consideration.

When a debt is time-barred by the statute of limitations, a written promise to pay can revive the obligation and be enforceable even without new consideration. The reasoning is that the promise, being in writing, satisfies the formal requirement for enforceability and serves as a fresh, binding commitment to pay the debt. The law treats this written promise as enough to support enforcement because it creates a new, enforceable obligation despite the prior time limitation. This avoids injustice by allowing a debtor’s clear written assurance to revive the creditor’s ability to recover.

So, the promise does not need new consideration, and it does not require a new contract separate from the old one; the writing itself revives and enforces the obligation. It is not never enforceable—the written promise on a time-barred debt is an exception to the usual need for consideration.