2006 Code of Virginia § 8.01-232 - Effect of promises not to plead statute

8.01-232. Effect of promises not to plead statute.

A. Whenever the failure to enforce a promise, written or unwritten, not toplead the statute of limitations would operate as a fraud on the promisee,the promisor shall be estopped to plead the statute. In all other cases, anunwritten promise not to plead the statute shall be void, and a writtenpromise not to plead such statute shall be valid when (i) it is made to avoidor defer litigation pending settlement of any case, (ii) it is not madecontemporaneously with any other contract, and (iii) it is made for anadditional term not longer than the applicable limitations period. Noprovision of this subsection shall operate contrary to subsections B and C ofthis section.

B. No acknowledgment or promise by any personal representative of a decedentshall charge the estate of the decedent, revive a cause of action otherwisebarred, or relieve the personal representative of his duty to defend under 26-5 in any case in which but for such acknowledgment or promise, thedecedent's estate could have been protected under a statute of limitations.

C. No acknowledgment or promise by one of two or more joint contractors shallcharge any of such contractors in any case in which but for suchacknowledgment another contractor would have been protected under a statuteof limitations.

(Code 1950, 8-27, 8-28; 1977, c. 617; 2006, c. 278.)