MBE Rules · Contracts
Statute of Frauds — suretyship
The rule
A promise by one party to answer for the debt or default of another (suretyship) must be in writing. Exception: the "main purpose rule" — if the promisor's main purpose in giving the promise is to benefit themselves (not the debtor), the promise is enforceable orally.
In plain English
If you promise to pay someone else's debt, that promise usually needs to be in writing to be enforceable. But if you make the promise mainly to help yourself, it can be enforced even if it's just spoken.
Worked example
The defendant orally promises to pay a supplier for goods delivered to a friend, but only because the defendant needs those goods for their own business. The promise is enforceable even without a written agreement.
Memory hook
Suretyship Scribbles: Write it down, unless it's for you. Suretyship must be in writing, except when the promisor benefits directly.
The trap
Students think: All suretyship promises must be written. Wrong, because the main purpose rule allows oral promises if the promisor benefits. The actual test is whether the promisor's main purpose is self-benefit.
How examiners test it
The MBE loves: a promise to pay another's debt + promisor gains business advantage. Trap: students overlook main purpose rule, thinking writing is always needed.
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