2850417
Description
Flashcards by Robin Pearce, updated more than 1 year ago
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Created by Robin Pearce
almost 9 years ago
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| Question | Answer |
| Who is charged with the duty of enforcing charitable trusts? | The Attorney General |
| who does a charitable trust benefit? | The public or some part of it |
| Which of the three certainties are charitable trusts exempt from? | Certainty of objects |
| Case which confirmed charitable trusts are exempt from certainty of objects? | Morice v Bishop of Durham |
| What are the advantages of charitable trusts? | Tax Advantages - this enables charitable trusts to further their charitable work Perpetuity - in contrast to other trusts property can be dedicated indefinetely for a charitable purpose. |
| Who generally decides if a purpose is 'charitable'? | The charity commission |
| What are the legal requirements of a valid charitable trust? | 1. The trust must have a recognised charitable purpose 2. The trust must be for the public benefit 3. The trust must have exclusively charitable purposes |
| Key statute for charities? | Charities Act 2011 |
| Case which confirms that trustees of a charity trust can act by majority rather than collectively? | Whiteley |
| If the trust fails at the outset what measure can be applied to try to rescue it? | Cy-pres |
| Where is the statutory definition of a charity found? | S.1 Charities Act 2011 |
| To be a charitable trust the purpose of the trust must fall within the charitable purposes set out in? | s. 2(1) |
| charity commission guidance states that for a purpose to be of public benefit it must satisfy which two elements? | 1. the benefit aspect - the purpose must be beneficial and any detriment or harm that results from the purpose must not outweigh the benefit 2. The public aspect - the purpose must benefit the public in general or a sufficient section of the public |
| in AG v Charity Commission for England and Wales it was decided that public benefit had two elements, which are... | 1. the nature of the purpose of the charity must be a benefit to the community; 2. the work provided by the charity must benefit a large enough section of the public and not a private class of individuals |
| in relation to the relief of poverty then only the first aspect of public benefit needs to be complied with (beneficial to the community). The second aspect (a large enough section of the public) does not need to be complied with under this head of charity only | AG v Charity Commission for England and Wales |
| Charities may not have political objects. Trusts for political parties are not charitable and political purposes disguised as education are not charitable - case to support this... | re Bushnell |
| What are the 3 main things to consider starting charities? | 1. Are the objects charitable within the meaning of s 3 charaties act 2011? 2. If so, is there sufficient public benefit? 3. If so, are the objects exclusivly charitable? |
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