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Dent was indebted to Carson in the sum of $1,000 which was due and owing. Carson was about to take legal proceedings to collect the
Dent was indebted to Carson in the sum of $1,000 which was due and owing. Carson was about to take legal proceedings to collect the debt. Saul was also a creditor of Dent. Saul feared that the collection proceedings would ruin Dent's business and thereby destroy his (Saul's) chance of recovering from Dent. Accordingly, Saul orally promised Carson that if Carson would forbear taking legal proceedings against Dent for three months, Saul would pay Dent's debt in case Dent failed to do so within the three months. Carson agreed to this proposition and refrained from taking legal proceedings against Dent. Three months passed and Dent failed to pay his debt to Carson. Carson called upon Saul to make good and Saul refused. Carson then sued Saul to recover $1,000. Discuss whether Saul’s promise is enforceable and discuss the arguments each side would make.
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