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It means persons who have to go short due regard of their status in life.

Re Coulthursts ( Lord Evershade)


the first time the definition is put forward. Persons or people having few or no material possessions lackin
g the means to procure the necessities of life, lacking the means to live standard of a comfortable life ( Ox
ford dictionary definition) Example : legal advice centre for the purposes of aiding in legal advice to those
who cannot afford it = charitable.
Several schemes were put forward by the housing association for the provision of housing for the elderly.
What was stressed is that the charitable purpose should relieve the agent. The person in question must h
ave a need that is attributable to his condition which requires elevating.
Advancement of education A research trust will be charitable subject to 3 conditions. The subject matter i
s a useful subject of study. Knowledge required for the research must be published to others. The trust m
ust be for the benefit of the public.
Re Shaw: gift in the will involved research into a 40-letter alphabet. The court held that it was not charitabl
e as it wasnt essentially for the public benefit. The judge said the current alphabet was perfectly okay so t
hat part of the gift failed. CONTRAST Re Hopkins: a Gift to the Francis Bacon Society. The gift was to be
used to find evidence proving that the plays of Shakespeare were written by Francis. This gift was said to
be of value because it had some public benefit. The cases depend on the value judgment of the particular
judge.
Incorporated council of Law reporting: Object of the council is the peroration and publication of law reports
for the repurpose of providing essential material for the study of law and the practice. The court held that
it was a charitable object under the advancement of education and a useful branch of knowledge and publ
ic dissemination. The fact that only a few people would read them was irrelevant. political propaganda whi
ch masquerades as education is not charitable
Political agendas : A trust of a gift which fathers a political party Bonar Law Memorial Trust v The IRC (1
933). Pecuring or proposing a change in the law, not just in this country but also a foreign country. Politica
l campaigning. Depending on whether that constitutes the major purpose of the trust. Per curing a change
in government policy. They can’t use politics because the court has no adequate means that a change
in the law will benefit the public. The courts have to have a neutral stance. The court has to decide the ca
se that the current law is correct. Political impartiality. Where the object involves a change in the foreign la
w affecting relations with a foreign country.
Political Gain? The differences: So long as the political objectives are incidental to the organization’s main
charitable purpose, they will not affect charitable status. Re Bushnell: the advancement
of socialist medicine. (like NHS) The trust aimed to promote its theory of socialist medicine, largely by ca
mpaigning. Trust was not seeking to give an impartial view, wasnt seeking to educate, was just trying to m
ake its view.

Advancement of Religion: The definition expanded under new laws to include belief systems beyond tradit
ional concepts of divine beings. Certain moral-promoting organizations like Freemasonry might not fall un
der religion but could be considered educational charities.
Advancement of Other Purposes: The text covers various other charitable purposes, including sports, ani
mal welfare, recreational trusts, etc.
Requirement of Public Benefit: Even if a trust fits under charitable heads, it must serve the public benefit o
r a large section of the public. There are exceptions like the poverty exception for trusts aiding specific gro
ups of impoverished individuals.
Personal Nexus Test: Trusts must demonstrate a link to a section of the public rather than a personal con
nection, avoiding narrow beneficiary classes.
Exclusively Charitable Purposes: Trusts with non-charitable elements that are subsidiary to the main chari
table objective might still qualify as charitable.
Drafting: Specific wording nuances can determine whether a trust falls within charitable purposes.
Specific Cases: Various legal cases are cited throughout to exemplify and elaborate on the criteria for cha
ritable status, including limitations based on beneficiaries, public benefit, and the primary purpose of trust
s.
Overall, it’s a detailed exploration of the legal parameters and interpretations defining charitable purposes
within the legal framework.

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