Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Equity and Trusts > Charities > Flashcards

Charities Flashcards

1
Q

Charity definition

A

Defined under s. 1 Charities Act 2011

- an institution which is established for charitable purposes only.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

A charitable purpose

A

One that falls within s. 3 and which is for the public benefit.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Poverty

A

A relative concept (Re Clarke)
Includes ‘going short’ (Re Coulthurst)
Being in ‘needy circumstances’ (Re Cohen)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

The poor do not mean necessarily destitute - reduced circumstances suffice

A

Re Colthurst

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Working Class is not poor

A

Re Sanders’ Trust

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Poverty can be proved from additional evidence and does not have to be proved form the trust instrument itself.
e.g. a working mens hostel may suffice to imply those in need.

A

Re Niyazi’s Will Trust

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Charities must aim to prevent/ relieve poverty throughout society to poor persons in general - an institution that only targeted specific poor persons would instead be a private trust

A

Re Scarisbrick

- Relief is equated with need (IRC v Bakkeley)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Relief of poverty cannot typically be for amusement purposes

A

Joseph Rowntree v Att Gen

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

It is acceptable for a charity to relief poverty among a class of people the distinguishing feature of which is that they are descended from a common ancestor or had the same employer

A

Dingle v Turner

e.g. only to provide for former military service personnel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

To form and to maintain a choir was educational

A

Royal Choral Society v IRC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

The improvement of a useful branch of a human knowledge and its public dissemination was educational

A

Council of law reporting v Att-Gen

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

A chess tournament was deemed educational

A

Re Dupree’s Deed Trust

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

A Rose Garden was deemed educational

A

McGrath v Cohen

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

A school for pickpockets and prostitutes was not deemed educational

A

Re Hummeltenberg

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

‘Worthless Junk’ put together was not educational

A

Re Pinion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Only research which is intended to inform rathe than persuade and which satisfied the test of it being useful and disseminated to others

A

(Re Shaw)

Mc Govern Test

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Research into a 40 letter alphabet was not educational research

A

Shaw Will Trust

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Research into the Bacon-Shakespeare dispute was not educational research

A

Hopkins WT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Education of a small class of beneficiaries will not be charitable

A

Re Compton

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Education of a large class of people will only be charitable if it passes the personal nexus test

A

A class which only consists of persons descended from a common ancestor or who had a common employer will not suffice (Oppenheim)

21
Q

Definition of Advancement of Religion

A

The courts will not define what exactly counts as religion (Neville v Madden)
The court will allow a wide definition that can include unusual practices (Thornton v Howe)

22
Q

Courts did not allow religions of

A

The Gnostic Foundation

The Druid Foundation

23
Q

Trusts for purposes related to the advancement of religion can be charitable, e.g. trust funds to maintain and repair churches

A

Re King

24
Q

Trusts for the promotion of ethics alone will not usually qualify under advancement of religion

A

Re South Place Ethical Society

25
Q

A religious charity should not have an ulterior motive

A

It should be ‘wholly and exclusively charitable’ (Dunne v Bryne)

26
Q

Charities for the advancement of religion should also be open to the public

A

A trust for a small group of cloistered nuns is not charitable (Gilmour v Coats)
A trust for a public synagogue is (Neville v Madden)

27
Q

Advancement of Health or saving lives

A

Gift to the RNLA (Thomas v Howell)

Not a hospital that excludes the poor (Re Resch’s Will’s Trust)

28
Q

Advancement of citizenship or community development

A

IRC v Oldham Training and Enterprise Council

- skills training for people in the Oldham area

29
Q

Advancement or Arts, Culture, Heritage or science

A

Trust for the National Trust (Re Verall)

Atrociously bad art was not a trust (Re Pinion)

30
Q

Advancement of Amateur Sport

A

Promotion of Squash Courts (Mariette)

Not the promotion of Yachting in general (Re Nottage)

31
Q

Advancement of Animal Welfare

A

Protection and benefit of animals (Re Wedgewood)

Providing a refuge for animals - no public benefit (Re Grove-Grady)

32
Q

Adult Education was not charitable - aimed at members of the Labour Party

A

Re Hopkinson

33
Q

Trusts for political purposes are not charitable

A

Re Bushnell

34
Q

Public Benefit

A

S. 4 Charities Act
Two Aspects:
- The benefit
- The Public

35
Q

PB: The Benefit

A
  • A purpose must be beneficial
  • Any detriment or harm that results from the purpose must not outweigh the benefit
  • Determined on the basis of evidence unless clearly beneficial
36
Q

PB: The Public

A

A purpose must benefit the public in general, or a sufficient aspect of the public (Re Scarisbrick)

37
Q

Public in general

A

All of the public can benefit

38
Q

Sufficient Section

A

Public class of people; no minimum number set

39
Q

Sufficient section: acceptable

A

People living in a geographical area
A group of people defined by ‘protected characteristics’ e.g. Age, disability, gender etc
NOT
- by reference to skin colour,
- reference to a family relationship
- employment relationship
- membership of an unincorporated association.

40
Q

Charities must not define their benefiicairies by reference to

A
  • A purpose which excludes people
  • Confined to a closed religious organisation
  • A purpose where all beneficiaries are named
  • The number of people who can benefit is negligable
  • A purpose which defines beneficiaries in a capricious manner
  • Any private benefits must be incidental
41
Q

The trust must be wholly and exclusively charitable

A

Chichester Diocesan Board v Simpson

- charitable or benevolent objects in England as they should select

42
Q

Cy-Pres doctrine

A

allows the wishes fo the donor to charity to be carried out even if the original purpose fo the gift has failed
This is done by applying the property to a new purpose, which should be close as possible to the original purpose.

43
Q

The Cy-Pres doctrine is available when

A
  • the purpose cannot be fulfilled
  • the purposes have already provided for sufficeintly (Letptons Charity Ambler)
  • Initial or subsequent failure
44
Q

Initial failure of a trust for Cy-Pres

A
  • you must establish a general charitable intention before cy-pres can apply.
    Re Harwood
  • Belfast Peace Society
45
Q

Subsequent Failure

A
  • no need for a general charitable intention
    Re Slevin
  • money to an orphanage that subsequently closed down
46
Q

Charitable trusts are always for a purpose

A

Moggridge v Thackwell

47
Q

A gift to ‘worthy causes’ held not to be limited to exclusively charitable purposes

A

Re Coxen

48
Q

A gift to ‘charitable AND benevolent purposes’ was deemed chartiable by the court

A

Re Best

- c.f. ‘charitable OR benevolent purposes’ (Re MacDuff)

Equity and Trusts (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions