able to pay

able to pay
In a majority of the jurisdictions it is held that a promise to pay when the promisor "is able" is a conditional, and not an absolute promise to pay, and that the promisee is not entitled to recover on such a promise unless the promisor is able to pay the debt. The minority view is that this is an absolute and not a conditional promise. 17 Am J2d Contr § 341.

Ballentine's law dictionary. . 1998.

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