Utah Code » Title 25, Chapter 5 — Statute of Frauds
Utah Code

Utah Code § 25-5-6 (2026)

Promise to answer for obligation of another -- When not required to be in writing

✓ current as of May 2026
Find cases: SyfertCases citing this section UT-LEGle.utah.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A promise to answer for the obligation of another in any of the following cases is deemed an original obligation of the promisor and need not be in writing:

Where the promise is made by one who has received property of another upon an undertaking to apply it pursuant to such promise, or by one who has received a discharge from an obligation in whole or in part in consideration of such promise.
Where the creditor parts with value or enters into an obligation in consideration of the obligation in respect to which the promise is made in terms or under circumstances such as to render the party making the promise the principal debtor and the person in whose behalf it is made the principal debtor's surety.
Where the promise, being for an antecedent obligation of another, is made upon the consideration that the party receiving it cancel the antecedent obligation, accepting the new promise as a substitute therefor; or upon the consideration that the party receiving it releases the property of another from a levy or the other's person from imprisonment under an execution on a judgment obtained upon the antecedent obligation; or upon a consideration beneficial to the promisor, whether moving from either party to the antecedent obligation or from another person.
Where a factor undertakes for a commission to sell merchandise and to guarantee the sale.
When the holder of an instrument for the payment of money upon which a third person is or may become liable to the holder transfers it in payment of a precedent debt of the holder's own, or for a new consideration, and in connection with such transfer enters into a promise respecting such instrument.
Notes of Decisions
Cited in 2 cases, 1982–2002 · leading case: Healthcare Servs. Grp., Inc. v. Utah Dep't of Health, 40 P.3d 591 (Utah 2002).
Sort: Relevance Newest Treatment
Healthcare Servs. Grp., Inc. v. Utah Dep't of Health, 40 P.3d 591 (Utah 2002). · cites it 4× “Utah Code Ann. § 25-5-6 (2)(Supp.2001). Here HSG alleges that the Department, as the operator of Rosewood, undertook the obligation of paying Provider's past-due balance as the original and sole promisor to further its own interest in maintaining necessary services for the…”
Strevell-Paterson Co., Inc. v. Francis, 646 P.2d 741 (Utah 1982). “, 1953, § 25-5-6(3), which states in pertinent part: A promise to answer for the obligation of another .”
Utah Code § 25-5-6(3): 1 case
Strevell-Paterson Co., Inc. v. Francis, 646 P.2d 741 (Utah 1982). “, 1953, § 25-5-6(3), which states in pertinent part: A promise to answer for the obligation of another .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.