Inthe scenario under study, the doctrine of promissory estoppel isenforceable because it essentially bars a party to a contract frombehaving in a certain way since they promised not to behave in thatway and the other party to the contract relied on that promise andacted upon it (Weitzenbock, 2012). The elements that must be presentfor the promissory estoppel to be applied include definite promisethe promise must have relied on the promise promisee- suffered adetrimental loss and justice will be better served by enforcing thepromise (Miller & Jentz, 2010). Therefore, the doctrine has theimpact of rendering this promise binding even where it is notsupported by consideration. The promise or pledge of a gift can beenforced in court under the doctrine of promissory estoppel becausethe promisee (Care Kids) can establish in court that the aspects ofthe promissory estoppel are satisfied. The promisee relied on thepromise that Gerald made and that promise formed the basis of thecontract rights.
Theseelements are present in Kids Care’s case. The donor promised tohonor the receipts by staging a concert for the benefit of Kids Careand in reliance on the anticipated receipts, the organizationcontracted for the building of a residence for homeless children.Although promisor did stage the concert, he changed his position andthis had a significant loss on the promisee. Without receiving thesereceipts, the promisee will suffer a detrimental loss of being notable to pay the contractors (Miller & Jentz, 2010). According tothe doctrine of promissory estoppel, an individual who reasonablyrelies on the promise of another may often acquire some measure ofrecovery (Weitzenbock, 2012).
Miller,R. L. & Jentz, G.A. (2010).Fundamentalsof business law: Excerpted cases.Mason, OH: South-Western Cengage Learning.
Weitzenbock,E. M. (2012). EnglishLaw of Contract: Promissory Estoppel. Norwegian Research Center forcomputers and Law.Retrieved on July 1, 2015 from:http://www.uio.no/studier/emner/jus/jus/JUS5260/v12/undervisningsmateriale/Promissory%20Estoppel.pdf