The closer Emma’s wedding day came, the less he could sleep and the more weight he lost. 50 friends and family members had pledged contribution for his wedding but only 5 had cleared with 12 days to the wedding.
The wedding committee did its best but the remaining 7 ‘pledgers’ still had not cleared up. So, Emma called them personally. Julius who had pledged 5 million for beers, told Emma that he was still ‘abroad’ but told him to go ahead and order for the beers and he would clear on the wedding day when he returned. Aunt Diana who pledged to cover the wedding gown, told Emma to just borrow money and she would cover it by the wedding day. The others simply dodged all Emma’s calls.
Long story short, on 23rd January, the wedding was a success. Julius even drank 2 whole crates of beer and Aunt Diana danced and took photos with the Mugole in her gown. It been almost 2 weeks since then, and the people Emma borrowed money from keep calling day and night for their money. Julius has refused to pay his pledge ‘mbu’ the wedding is done, and Aunt Diana keeps telling Emma to wait.
Can Emma sue them to pay their pledges?.
ARE PLEDGES A DEBT AFTER THE WEDDING?.
Earlier, we told you about Emma who was preparing for his wedding and could not get the money he needed to finish wedding preparations. Luckily some friends and family members made the pledges he needed to pull off the wedding he wanted. In fact, they even told him to go ahead and borrow from somewhere else and they would fulfil their pledges at the wedding.
We asked you if you thought Emma had a right to go after them and demand for the pledges after the wedding was completed or just be happy the wedding was a success?
WHAT DOES THE LAW SAY?
Under the Law, the law can only help you enforce a promise someone makes to you if you have also made a promise to that person in return. (in short, there is ‘something for something’). This is a contract.
Now let us talk about pledges. In a pledge, what happens is a person ‘pledges’ (promises) to give you money or a contribution towards what you are planning. Let us answer a simple question. The ‘pledger’ has promised to give you something for your function, but what is he/she getting in return? If the answer is nothing, then this is not a contract/agreement that the law can help you enforce.
A pledge in short is just a promise made by one person to the other and in such scenarios, only one person is bound to benefit.However, what happens if the ‘pledger’ makes a promise to you and then tells you to do something on condition they will compensate you?
For example, if a pledger tells you not to buy that ‘cheap’ gown of 500k and instead get the one of 2 million, because they will foot the bill, then this is no longer just a pledge because they have given you assurance and you have relied on those assurances with their knowledge.
This is because you have done ‘something for the something’ you will receive in return. According to the law, when a person make a promise to you or gives you an assurance and you rely on this and change your position, then the law stops that person from backing out of their promise to your disadvantage.
In law, we say this person is estopped (prohibited from denying what they said and refusing to fulfil their promise) to your disadvantage. So, Juluis and Aunt Diana made certain assurances to Emma and told him to go ahead and act on them and get loans, so they cannot turn around and change their minds. Emma can therefore take legal action.
Source: BarefootLawyers
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