Contracts in Writing Act

Link to law: http://laws.gov.ag/acts/chapters/cap-100.pdf
Published: 0000

Contracts in Writing (CAP. 100 1

CHAPTER 100

THE CONTRACTS IN WRITING ACT

Arrangement of Sections
Section

1. Short title.
2. In actions on simple contracts acknowledgement in

writing, or part payment must be proved.
3. When the action is barred against one or more defen-

dants the issue on a plea of non-joiner of co-
defendants shall be found for the plaintiff.

4. No indorsement or memorandum of payment to take
the case out of the operation of this Act.

5. Act to apply to cases of debts alleged by way of set-off.
6. Confirmations of contracts made by infants must be in

writing.
7. Representation as to character, &c., to be the founda-

tion of an action must be in writing.

LAWS OF ANTIGUA AND BARBUDA

Contracts in Writing (CAP. 100 3

CONTRACTS IN WRITING

(3rd January, 1837 .) 6811837.

1. This Act may be cited as the Contracts in Writing short title.
Act.

2. In actions of debt or upon the case grounded upon In actions on
simple contracts

any simple contract no acknowledgement or promise by acknowledgement
words only shall be deemed sufficient evidence of a new or in writing, or

part payment
continuing contract unless such acknowledgement or promise be proved.
shall be made or contained by or in some writing to be signed
by the party chargeable thereby; and where there shall be
two or more joint contractors or executors or administrators
of any contractor, no such joint contractor, executor, or
administrator shall be chargeable in respect or by reason only
of any written acknowledgement or promise made and sign-
ed by any other or others of them: Provided that nothing
herein contained shall alter, or take away or lessen the effect
of any paymemt of any principal or interest made by any
person whatsoever:

Provided also, that in actions to be commenced against
two or more such joint contractors, or executors or admini-
strators, if it shall appear at the trial or otherwise that the
plaintiff, though barred by this Act as to one or more of
such joint contractors, or executors or administrators, shall
nevertheless be entitled to recover against any other or others
of the defendants by virtue of a new acknowledgement or
promise or otherwise, judgment may be given and costs
allowed for the plaintiff as to such defendant or defendants
against whom he shall recover, and for the other defendant
or defendants against the plaintiff.

3. If any defendant or defendants in any action on When the action
is barred against

any simple contract shall plead any matter in abatement to one or ,,,,
the effect that any other person or persons ought to be joint- c;;t;:;ka of
ly sued, and issue be joined on such plea, and it shall appear non-jo;nder ,f
at the trial that the action could not by reason of this Act ;;-$t;z;:d
be maintained against the other person or persons named for the plaintiff.
in such plea or any of them, the issue joined on such plea
shall be found against the party pleading the same.

LAWS OF ANTIGUA AND BARBUDA

CAP. 100) Contracts in Writing

No indorsement
or memorandum

4. No indorsement or memorandum of any payment
of payment to written or made upon any promissory note, bill of exchange,
take the case Out or other writing by or on the behalf of the party to whom
of the operation
or this A C ~ . such payment shall be made, shall be deemed sufficient proof

of such payment so as to take the case out of the operation
of this Act.

Act to apply to
cases of debts

5 . This Act shall be deemed and taken to apply to
alleged by way of the case of any debt on simple contract alleged by way of
set-off. set-off on the part of any defendant, either by plea, notice,

or otherwise.

Confirmations of
contracts made

6. No action shall be maintained whereby to charge
by infants must any person upon any promise made after full age to pay
he in writing. any debt contracted during infancy or upon any ratification

after full age of any promise or simple contract made during
infancy, unless such promise or ratification shall be made
by some writing signed by the party to be charged therewith.

Representations
as to character, 7. No action shall be brought whereby to charge any
kc . . to be the person upon or by reason of any representation or assurance , .

an made or given concerning or relating to the character, con-
action must be in
writing. duct, credit, ability, trade, or dealings of any other person

to the intent or that such otKer persbn may bbtain
credit, money, or goods upon less such representation or
assurance be made in writing signed by the party charged
therewith.
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