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Charitable un-educational objects
Citation
Dal Pont, GE, Charitable un-educational objects, Canadian Journal of Comparative and Contemporary Law, 6, (1) pp. 191-219. ISSN 2368-4046 (2020) [Refereed Article]
Copyright Statement
Copyright 2020 Thompson Rivers University
Official URL: http://www.cjccl.ca/wp-content/uploads/2020/11/6-D...
Abstract
Judges appear to have stipulated a ‘merits’ test when it comes to public benefit
underscoring education as a charitable object. The same is not evident in, say, objects
directed to relieving poverty or advancing religion. At the same time, courts have
progressively broadened the concept of ‘education’ for the purposes of charity law. This
may present a tension between what is ‘educational’ and what is ‘beneficial’ in the
charity sphere. Lacking more than a perfunctory coverage of this issue in the literature,
it is appropriate to probe the rationales and parameters of the ‘merits’ test, with a view
to developing an understanding of how education intersects with charity law. This is
pursued by reference to three primary scenarios where contention has focused: (1) where
the object is allegedly irrational or nonsensical; (2) where a donor has sought to establish
a perpetual display of his or her possessions; and (3) bequests of funds for publication of
(usually the donor’s) work.
Item Details
Item Type: | Refereed Article |
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Keywords: | charities, education, merit, public benefit |
Research Division: | Law and Legal Studies |
Research Group: | Private law and civil obligations |
Research Field: | Equity and trusts law |
Objective Division: | Law, Politics and Community Services |
Objective Group: | Justice and the law |
Objective Field: | Justice and the law not elsewhere classified |
UTAS Author: | Dal Pont, GE (Professor Gino Dal Pont) |
ID Code: | 142207 |
Year Published: | 2020 |
Deposited By: | Law |
Deposited On: | 2020-12-22 |
Last Modified: | 2021-05-19 |
Downloads: | 0 |
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