Led by F.W. Maitland Simulacrum
Charitable and non-charitable purpose trusts, the beneficiary principle, public benefit across the Pemsel heads, cy-près, perpetuity, and gifts to unincorporated associations.
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Led by F.W. Maitland Simulacrum
The question
What makes a trust 'charitable' rather than merely benevolent — and why does the classification matter so much? The module covers the advantages of charitable status, the Pemsel four-head classification as expanded by the Charities Act 2011, the differential application of public benefit, the cy-près doctrine for failed charitable purposes, the beneficiary principle and Re Denley, the perpetuity rule, and the problem of gifts to unincorporated associations.
Outcome
The student can distinguish charitable from non-charitable purpose trusts, apply the public benefit requirement differentially, explain the cy-près doctrine and the beneficiary principle, and analyse a gift to an unincorporated association using the competing interpretations. (Purpose trusts)
Sub-units