Question

Business Law 1- Contacts

21.    Kate is a television meteorologist who lives in Dallas, Texas. She lives in a tidy, post-war neighborhood in east central Dallas that she absolutely loves. Many of her neighbors are elderly, and she looks in on them from time to time to visit and make sure they are doing well. Kate is particularly fond of one of her neighbors, John, who served in World War II and who constantly tells Kate that she reminds him of his only granddaughter. John trusts Kate so much that he names her as the executor of his will. When John dies, Kate discovers that he had purchased his granddaughter a car earlier that year and still owes 24 payments on the vehicle to the local credit union. John’s estate does not have enough money to make the remaining 24 payments, so Kate decides she will make the payments from her own money so the car isn’t repossessed. You are the credit union’s attorney, and the president of the credit union asks you what she should do to ensure that Kate’s promise to pay the car loan will be enforced. What do you tell the president?

a.         While the best practice would be to get Kate’s promise in writing, a court will enforce Kate’s promise without a written agreement.

b.         A court will not enforce Kate’s promise unless it’s in writing.

c.         Kate is not permitted by law to pay the debts of another out of her own funds.

d.         None of the above.

Answer 1

As far as the law concern Kate have the name in the will as an executor so she is legally have right on John's estate and also equally liable to pay his liabilities.

here Kate do not need to give necessary in writing that she will make payments of the debt. her promise is equally treated as given in writing as in eyes of law she is legal executive of John's estate.

in the present case the correct ans in-While the best practice would be to get Kate’s promise in writing, a court will enforce Kate’s promise without a written agreement.