Acknowledgement revives time-barred debts when it admits the obligation and creates a promise to pay under limitation rules. An acknowledgement functions as an admission by a debtor that can revive a time-barred obligation by creating or implying a promise to pay; it may be constituted by written admission, part payment, or part satisfaction and thereby tolls the statute of limitations. For sufficiency, a written acknowledgement must admit the debt and contain an unconditional promise to pay or justify an inference of such promise, or, if conditional, show that the condition is accomplished. Documentary statements like a balance sheet signed by directors may suffice, and acknowledgement of a deed or speciality must clearly admit the speciality debt.
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Acknowledgement revives time-barred debts when it admits the obligation and creates a promise to pay under limitation rules.
An acknowledgement functions as an admission by a debtor that can revive a time-barred obligation by creating or implying a promise to pay; it may be constituted by written admission, part payment, or part satisfaction and thereby tolls the statute of limitations. For sufficiency, a written acknowledgement must admit the debt and contain an unconditional promise to pay or justify an inference of such promise, or, if conditional, show that the condition is accomplished. Documentary statements like a balance sheet signed by directors may suffice, and acknowledgement of a deed or speciality must clearly admit the speciality debt.
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