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<blockquote data-quote="gandydancer" data-source="post: 512421" data-attributes="member: 9310"><p>Yes, I know how to use the internet. Do you?</p><p></p><p>The answer is that while a pledge MAY be legally binding, the OP's pledge to UW is NOT due to the absence of consideration. Or, as I told you in my first post, "In order for a contract to be binding both parties must receive something of tangible value in the exchange. The OP did not."</p><p></p><p style="text-align: left">"Since a pledge is a contract, all of the elements of a contract - offer, acceptance and consideration - must be reflected in the writing. If any of them is missing, the contract is invalid and unenforceable.</p> <p style="text-align: left">1. Offer. The promise by the donor to contribute funds constitutes the offer...</p> <p style="text-align: left"></p> <p style="text-align: left">2. Acceptance. An express acceptance, included as part of or attached to the pledge and signed by the charitable donee, is preferable to mere delivery of the pledge to the donee (as the latter requires proof).</p> <p style="text-align: left"></p> <p style="text-align: left">3. Consideration. Consideration is the element most likely to be problematic in the context of charitable pledges...</p> <p style="text-align: left"></p> <p style="text-align: left">Consideration must pass from the donor to charity and also from charity to the donor. The consideration from the donor to charity is simply the promise to pay the amount pledged. The consideration from charity to the donor is frequently more difficult to prove and, in fact, may not exist... The benefits conferred on the donor or prejudice suffered by charity must serve as an inducement to the donor to make his or her pledge.</p> <p style="text-align: left"></p><p>A common example of valid consideration passing from charity to the donor is the naming of a building after the donor, or other donor recognition..." ( <a href="https://web.archive.org/web/20061120112508/http://www.msk.com/csl_files/325308.pdf" target="_blank">https://web.archive.org/web/20061120112508/http://www.msk.com/csl_files/325308.pdf</a> )</p><p></p><p>The OP wasn't promised anything in return for his pledge. Not a building named, or even Employee of the Week recognition. He authorized UPS to take money out of his check. If he tells UPS that it is not authorized to do so anymore then UPS is liable to him for any unauthorized deductions and in fact would be liable to him for those deductions even if he were later found liable to the UW for his pledge since UPS has no authority to enforce any UW claim against him. And UW doesn't have a valid claim, anyway. No consideration means no (binding) contract. For the fifth time, NO CONSIDERATION MEANS NO CONTRACT! Sheesh.</p></blockquote><p></p>
[QUOTE="gandydancer, post: 512421, member: 9310"] Yes, I know how to use the internet. Do you? The answer is that while a pledge MAY be legally binding, the OP's pledge to UW is NOT due to the absence of consideration. Or, as I told you in my first post, "In order for a contract to be binding both parties must receive something of tangible value in the exchange. The OP did not." [LEFT]"Since a pledge is a contract, all of the elements of a contract - offer, acceptance and consideration - must be reflected in the writing. If any of them is missing, the contract is invalid and unenforceable. 1. Offer. The promise by the donor to contribute funds constitutes the offer... 2. Acceptance. An express acceptance, included as part of or attached to the pledge and signed by the charitable donee, is preferable to mere delivery of the pledge to the donee (as the latter requires proof). 3. Consideration. Consideration is the element most likely to be problematic in the context of charitable pledges... Consideration must pass from the donor to charity and also from charity to the donor. The consideration from the donor to charity is simply the promise to pay the amount pledged. The consideration from charity to the donor is frequently more difficult to prove and, in fact, may not exist... The benefits conferred on the donor or prejudice suffered by charity must serve as an inducement to the donor to make his or her pledge. [/LEFT] A common example of valid consideration passing from charity to the donor is the naming of a building after the donor, or other donor recognition..." ( [url]https://web.archive.org/web/20061120112508/http://www.msk.com/csl_files/325308.pdf[/url] ) The OP wasn't promised anything in return for his pledge. Not a building named, or even Employee of the Week recognition. He authorized UPS to take money out of his check. If he tells UPS that it is not authorized to do so anymore then UPS is liable to him for any unauthorized deductions and in fact would be liable to him for those deductions even if he were later found liable to the UW for his pledge since UPS has no authority to enforce any UW claim against him. And UW doesn't have a valid claim, anyway. No consideration means no (binding) contract. For the fifth time, NO CONSIDERATION MEANS NO CONTRACT! Sheesh. [/QUOTE]
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