To 9
To 9
To 9
From:
Subject:
It is the case of the ABCD Company whose CEO pledged through a letter to donate
to the Bishop of the Church of Narnia a sum of $5,000,000 over a period of 4 to six
weeks. The Bishop was happy at receiving the news since he always wanted to
expand the church but was not getting the sum, so he could start the reconstruction
work. He immediately contacted an architect and paid him $200,000 to design the
new ambitious project. The architect’s design was very good and Bishop loved it. So,
he also hired a contractor for $1000,000. Apart from the $1,000,000 for the labor, he
also paid another $3,000,000 for the tools and materials required for the project.
However, he did not receive any of the promised sum from the ABCD company till
the fifth week and therefore decided to contact the CEO. He had not received the
check and still incurred a huge expense. It was making him nervous. The most
important thing here is that the Bishop undertook to spend the heavy sum because
he had been promised it by the CEO of the ABCD Company. He had relied on the
promise and undertaken all the expenses in this regard to expand the structure of
the Church. Upon contacting the company, he was told that the company had run
into losses soon after the CEO made the promise and therefore was unable to
donate that sum. In this case, the contract between the Church and the company is
legally enforceable based on promissory estoppel. “When the charity takes some
action—such as the construction of a building or the initiation of a program in
reliance on the donor’s promise to make the gift—the charity has relied on the
promise to its detriment” (Monti, 2015). The church has relied upon the promise
of the CEO to its detriment and that has resulted in losses for the Church. Based
on promissory estoppel, the company would have to pay the promised sum.
References:
Monti, F. A. (2015). When Donors Back Out: Are Charitable Pledges Legally
http://www.insidephilanthropy.com/the-gift-adviser/2015/11/4/when-donors-
back-out-are-charitable-pledges-legally-enforcea.html