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Posted: January 16th, 2019

Enforceability Of Donor Promises To Charities

Enforceability Of Donor Promises To Charities
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Enforceability Of Donor Promises To Charities
To enforce a contract, there has to be elements that are considered to be legally binding. As such, there has to be an offer, an acceptance and there also has to be some consideration to bring an action for enforcement of a promise (Mullen, 2014). Whereas Courts may not be ready to enforce promises that did not intent to create legal obligations, the same Courts have been ready to enforce promises made by donors to charitable institutions. Among the reasons stated for finding liability on the donors (promisors), Courts have stated that the promises made by donors to promisees may have led in other expenses being incurred by the charities hence it would be justice to hold donors responsible (Mullen,2014).
Cohoes Memorial Hospital v. Mossey, 25 AD. 2nd. 476 (3d Dep’t 1966)
In this case, there was a pledge to fund the construction of a new hospital. When the Hospital was actually built in reliance on the promise, the promisors were held liable for the costs hence they were ordered to fulfill their part of the deal.
In Re Lords Will, 175 Misc. 921,927 (Sur. Ct. kings county 1941)
A promise to support the plans of a college to build a library was enforced. Here, the promisor had pledged but failed to honor his part of the deal. The court decided in favor of the plaintiffs because the plaintiffs had already incurred the expenses of contracting the services of an architect.
Based on the foregoing cases, it is evident that the Courts would decide in favour of the Church of Narnia. This is because based on the facts given by the plaintiff, the plaintiff essay help had already incurred expenses on the belief that the donor would honor their promisee to fund them to the tune of five million dollars. Therefore, it appears that once the promisee incurs expenses relying on a donors’ promise, the courts would be ready to decide in favor of the charitable organization.
Mullen, H. P. (2014). The Law of Charitable Subscription. St. John’s Law Review. Volume 13. Issue 1 retrieved from

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