South Australian Current Acts South Australian Current Acts42—Effect of oral acknowledgment
(1) In any action of
debt or other action in the nature of an action founded upon simple contract
no acknowledgment or promise by words only shall be deemed sufficient evidence
of a new and continuing contract whereby to take any case out of the operation
of this Act, or deprive any party of the benefit thereof, unless that
acknowledgment or promise is made or contained by or in some writing to be
signed by the party to be charged thereby or by his agent.
(2) Where there are
two or more joint contractors or executors or administrators of any
contractors no such joint contractor executor or administrator shall lose the
benefit of this Act so as to be made chargeable by or in respect only of any
written acknowledgment or promise made and signed by any other or others of
them.
(3) Except as
expressly provided in this Act nothing in this Act shall alter or take away or
lessen the effect of any payment of any principal or interest made by any
person whatsoever.