What Is the Most Likely Result of Gabriel's Attempt to Avoid

question 23

Multiple Choice

What is the most likely result of Gabriel'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 a promise to pay the debts of an estate would not come within the statute of frauds.
• B)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 Gabriel made will likely be enforceable under the main-purpose rule.
• C)He will be able to avoid the agreement because it was not in writing.
• 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 Gabriel made will likely be enforceable under the substantial-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 Gabriel made will likely be enforceable because he admitted he had agreed to pay.

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