Law Case Study about Charity Research Paper Example | Topics and Well Written Essays - 1750 words

Law end Study about Charity - Research Paper ExampleLord Parkers observation in Bowman v Secular Society Limited it therefore instructive. consort to Lord Parker, a give is tender if it is for the benefit of the mankind and recognized as charitable in the legal sense kinda than in the popular sense.2 A swan is legal if it is for at least one of quartet identified purposes sleep of poverty advancement of education advancement of religion and for other purposes beneficial to the residential area.3 A gift to the homeless can thus be said to be for the relief of poverty. According to Kitto J. poverty exists with an individual can non afford the bare necessities for a modest standard of living in the Australian community.4 Being homeless would certainly meet the criteria of poverty and thus is a legal charitable trust and as such is a reasonable trust. Moreover, a gift for the relief of poverty does not have to be specifically for the benefit of the public. It can be for any nu mber of individuals. The rationale is that relief of the poor is beneficial to the public in general.5 split up 3(b) The gift describe in Paragraph 3(b) must(prenominal) likewise meet the legal charity requirement in order to be a valid gift. The only category that this gift can fall under is for the advancement of education. ... fit on the public.7 In order to qualify as beneficial to the public the gift is required to be for either the public or for a section of the public and must not be associated with a particular underground organization so as to make it a group of cliquish individuals.8 The gift in Paragraph 3(b) does not identify or favour a specific company or organization or individuals. It provides for the briefing of any business people participating in the North Australian export foodstuff with East and South Asia. then the gift is for a public class of beneficiaries rather than a private class and therefore is a legal charitable trust for the advancement of educa tion.9 Paragraph 3(c) The trust described in paragraph 3(c) appears on its face to be a charitable trust for the advancement of education. The trust speaks to spending the trust funds designated for this gift on a charitable organization that educates the public copulation to the desirability of amending the Northern Territory (Self Government) Act. However, such a gift lead not likely be regarded as a legal charitable trust since it seeks to support a cause directed at changing a legislative provision. It was held in National Anti-Vivisection Society v Inland Revenue that a gift designed to support of make changes in the law is not a charitable trust.10 Thus this particular gift will fail as a charitable purpose trust. The only dash for the gift to succeed is if it meets the requirements of an ordinary trust. The gift described in paragraph 3(c) does not specify a group for the purpose of an ordinary trust. It is not definitive enough for the court to execute and would only det ain if it were a charitable gift.11 As a result, the shares designated to paragraph 3(c) will be regarded as an undisposed of gift and will fall to Foina