Bill Text: CA AB2237 | 2009-2010 | Regular Session | Introduced

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Bill Title: Contracts: consideration.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-11-30 - From committee without further action. [AB2237 Detail]

Download: California-2009-AB2237-Introduced.html

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BILL NUMBER: AB 2237	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 18, 2010

   An act to add Section 1616 to the Civil Code, relating to
contracts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2237, as introduced, Eng. Contracts: consideration.
   Existing law requires that for a contract to be enforceable it be
lawful, the parties have the capacity to contract and provide
consent, and for sufficient consideration to be provided. Existing
federal law provides that charitable contributions made to a
tax-exempt charitable organization are tax deductible.
   This bill would provide that a promise to make a gift, bequest, or
devise of cash or other property to a tax-exempt charitable
organization would be an enforceable contract without consideration,
if the promisor indicated in writing an intent that the promise is a
binding legal obligation.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1616 is added to the Civil Code, to read:
   1616.  A promise to make a gift, bequest, or devise of cash or
other property to an organization described in Section 501(c)(3) of
the Internal Revenue Code shall be contractually binding with or
without consideration if the promisor indicated in writing an intent
that the promise is a binding legal obligation.