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Essay / Research Paper Abstract
This 7 page English law paper answers two questions set by the student. The first looks initially at how the draft charities bill presented to parliament in the 2004/5 session failed to make any headway on the definition of what a charity is and the looks at the points of law in the case of Twinsectra v. Yardley [2002] 2 AC 164. The second part of the paper examines the status of pre-incorporation contracts and when they may be enforced and when they may be voided. The bibliography cites 4 sources.
Page Count:
7 pages (~225 words per page)
File: TS14_TEpretrust.rtf
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Unformatted sample text from the term paper:
the control of the High Court in the exercise of the courts jurisdiction with respect to charities" (Ivamy, 2000; 43).This can be found in section 45 of the 1960 Charities
Act and supported with the Charities Act 1992. Today these are the acts that regulate and control charities, but they have been open to a great deal of criticism
as it has not kept pace with the changes in society. The draft bill presented to parliament in the 2004/5 session had potential to resolve many of the current concerns,
but failed to do this, including the basic element of determination the definition of charity but may be seen as kicking "important issues of public benefit into the long grass".
So, many of the areas where there were concerns would have been left that way had the bill been passed. The current definitions of charity may be seen as
having its origins in the Statute of Charitable Uses 1601. The preamble to this act gave a list of activities that would be deemed charitable. Technically, this is not the
first statutory definition as it was within the preamble not the act, and as such we can argue this was not meant to be constraining or totally binding even in
1601. However, this did set guidelines of what areas were deemed to the to the general societal benefit. However, due to the lack of a statutory definition this has been
used as the basis for the development of case law. This is an area where there was the need to increased clarity and updating, but the draft bill appears
to have avoided taking this leap. It does, for the first time, give a definition of the term charity for the purpose of the law in clause 1 (1), but
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