Summary: Equity & Trusts Text, Cases, And Materials | 9780199286157 | Richard Clements, et al

Read the summary and the most important questions on Equity & Trusts Text, Cases, and Materials | 9780199286157 | Richard Clements; Ademola Abass

• 11 Charitable Trusts

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• 11.1.1 Legal Advantages

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• Morice v Bishop of Durham [1805], Sir William Grant MR at 405:

  Every other trust must have a definite object. There must be somebody the court can decree performance.
  
  But it is now settled, upon authority, which it is too late to controvert, that, where a charitable purpose is expressed, however general, the bequest should not fail on account of the uncertainty of the object.

• 11.2 The Charity Commission

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• Objectives of The Commission (section 7(3), CA 2006):

  1. The public confidence objective is to increase public trust and confidence in charities. 
  2. The public benefit objective is to promote awareness and understanding of the operation of the public benefit requirement. 
  3. The compliance objective is to promote compliance by charity trustees with their legal obligations in exercising control and management of the administration of their charities. 
  4. The charitable resources objective is to promote the effective use of charitable resources. 
  5. The accountability objective is to enhance the accountability of charities to donors, beneficiaries and the general public. 

• Functions of Commissioners (section 1C(2) CA 2006):

  1. Determining whether institutions are or are not charities.
  2. Encouraging and facilitating the better administration of charities.
  3. Identifying and investigating apparent misconduct or mismanagement in the administration of charities and taking remedial or protective action in connection with misconduct or mismanagement therein. 

• 11.3.2 The Four Heads of Charity

• Morice v Bishop of Durham (1805)

  The court has simplified the task of deciding upon charitable status by summarising the main types or 'heads' of charity.

• Commissioners for Special Purposes of Income Tax v Pemsel [1891], Lord Macnaghten at 583:

  'Charity' in its legal sense comprises four principal divisions, they are trusts for:
  

  • the relief of poverty;
  • the advancement of education;
  • the advancement of religion;
  • other purposes beneficial to the community.  
    

• Scottish Burial Reform and Cremation Society v Glasgow Corporation [1968], Lord Wilberforce at 154:

  Lord Macnaghten's grouping of the heads of recognised charity in Pemsel's case is one that has proved to be of value and there are many problems which it solves. But three things may be said about it, which its author would surely not have denied:
  

  1. Since it is a classification of convenience, this may well be purposes which do not fit neatly into or other of the headings,
  2. The words used must not be given the force of a statute to be construed,
  3. The law of charity is a moving subject which may well have evolved since 1891.   
     

• 11.4.1 The Prevention or Relief of Poverty

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• Paragraph (a) of Section 3 of CA 2011

  Covers both relief of poverty and prevention of poverty.

• AITC Foundation's Application for Registration as a Charity [2005]

  Poverty can extend to people of moderate means and may even include people who suffer only temporary financial hardship arising from a sudden change in their circumstances. 
  
  In this case, a charity was registered for the relief of poverty suffered by those who had invested in companies that had collapsed.

• 11.4.2 The Advancement of Education

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• Incorporated Council of Law Reporting for England and Wales v A-G [1973]

  'Education' is to encompass improving and disseminating human knowledge.

• Case of Christ's College, Cambridge (1757)

  'Education' relates to teaching, including paying teachers.