25-5-6. Promise to answer for obligation of another -- When not required to be in writing.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

A promise to answer for the obligation of another in any of the following cases is deemed an original obligation of the promisor and need not be in writing:

(1)Where the promise is made by one who has received property of another upon an undertaking to apply it pursuant to such promise, or by one who has received a discharge from an obligation in whole or in part in consideration of such promise.

(2)Where the creditor parts with value or enters into an obligation in consideration of the obligation in respect to which the promise is made in terms or under circumstances such as to render the party making the promise the principal debtor and the person in whose behalf it is made the principal debtor's surety.

(3)Where the promise, being for an antecedent obligation of another, is made upon the consideration that the party receiving it cancel the antecedent obligation, accepting the new promise as a substitute therefor; or upon the consideration that the party receiving it releases the property of another from a levy or the other's person from imprisonment under an execution on a judgment obtained upon the antecedent obligation; or upon a consideration beneficial to the promisor, whether moving from either party to the antecedent obligation or from another person.

(4)Where a factor undertakes for a commission to sell merchandise and to guarantee the sale.

(5)When the holder of an instrument for the payment of money upon which a third person is or may become liable to the holder transfers it in payment of a precedent debt of the holder's own, or for a new consideration, and in connection with such transfer enters into a promise respecting such instrument.

Amended by Chapter 365 , 2024 General Session