We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

If we were asked what if the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence I cannot think that we should have - Essay Example

Comments (0) Cite this document
Summary to essay on topic "If we were asked what if the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence I cannot think that we should have"
If we were asked what if the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence I cannot think that we should have any better answer to give than this, namely, the development from century to century of the trust idea."
Download full paper
Polish This Essay
If we were asked what if the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence I cannot think that we should have
Read TextPreview

Extract of essay "If we were asked what if the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence I cannot think that we should have"

Download file "If we were asked what if the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence I cannot think that we should have" to see previous pages... The essence f a trust is that it is an obligation concerning property which is enforceable in the courts which will control the trustees and, in rare cases, even carry out the trust. There must thus be beneficiaries who can apply to the court to enforce their rights. It follows that a trust must be created for the benefit f persons but not for a purpose unless that purpose is charitable,
Let us write or edit the essay on your topic "If we were asked what if the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence I cannot think that we should have" with a personal 20% discount.. Try it now
for a purpose can not sue, but if it be charitable the Attorney General may sue to enforce it. It is therefore the beneficiary principle which will often be the deciding factor in whether a case is successful as a purpose trust or not.
The leading case for the theory is that f Morice v. Bishop f Durham . The testatrix in this case had bequeathed all her property to the Bishop f Durham upon trust for 'such objects f benevolence and liberality as the Bishop f Durham in his own discretion shall most approve of.' It was held that the trust was not charitable and could not stand as a private trust either because it had no specific beneficiaries and had been made purely for a purpose. 'Every other trust must have a definite object. There must be somebody in whose favour the Court can decree performance.' Sir William Grant MR.
Administrative workability is also essential in that there is a certainty f who the trust is to benefit. Lord Eldon said this in Morice v Bishop f Durham: "As it is a maxim that the execution f a trust shall be under the control f the court it must be f such a nature that it can be under that control; so that the administration f it can be reviewed by the court, or the court itself can execute the trust: a trust, therefore, which in case f maladministration could be reformed and a due administration directed." It then follows that the trust must not be impossible to perform. A time limit as to the life span f the trust is also often necessary so as not to have it go on forever because it may not be in the public interest. Finally, if the purpose f the trust is capricious, useless, wasteful, harmful, illegal or otherwise contrary to public policy, it will obviously fail.
There are a number f exceptions to the invalidity f purpose trusts, however it is the general dislike f these trusts that have lead to them being recognised as 'troublesome, anomalous and aberrant' .: Re Endacott [1960] presented a gift to the parish council for "the purpose f providing some useful memorial to myself". Harman LJ at first instance refused to uphold such a trust and said 'these cases stand by themselves and ought not to be increased in number, nor indeed followed, except where one is exactly like another'. However, it was eventually held to be valid on the reasoning that it asses to and improved the fabric f the church.
A further exceptional case was that f Re Hooper [1932] in which it was held to be a valid purpose trust because it had been limited in perpetuity. Most instances f cases, known as the 'monument' cases, are found to be subject to rules f perpetuity and will therefore be valid. Trusts for the saying f masses are often also valid because there is a close religious link; Re Hetherington [1990] . Trusts for the maintenance f particular animals (such as in the case f Re Dean (1889)) may also be held valid because there is the ability to establish certainty f object, being the animals.
It is a general rule that the law does not recognise non-charitable purpose trusts and they are ...Download file "If we were asked what if the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence I cannot think that we should have" to see next pagesRead More
Cite this document "If we were asked what if the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence I cannot think that we should have"
  • APA
  • MLA
  • CHICAGO
(“If we were asked what if the greatest and most distinctive achievement Essay”, n.d.)
If we were asked what if the greatest and most distinctive achievement Essay. Retrieved from https://studentshare.org/miscellaneous/1511896-if-we-were-asked-what-if-the-greatest-and-most-distinctive-achievement-performed-by-englishmen-in-the-field-of-jurisprudence-i-cannot-think-that-we-should-have
(If We Were Asked What If the Greatest and Most Distinctive Achievement Essay)
If We Were Asked What If the Greatest and Most Distinctive Achievement Essay. https://studentshare.org/miscellaneous/1511896-if-we-were-asked-what-if-the-greatest-and-most-distinctive-achievement-performed-by-englishmen-in-the-field-of-jurisprudence-i-cannot-think-that-we-should-have.
“If We Were Asked What If the Greatest and Most Distinctive Achievement Essay”, n.d. https://studentshare.org/miscellaneous/1511896-if-we-were-asked-what-if-the-greatest-and-most-distinctive-achievement-performed-by-englishmen-in-the-field-of-jurisprudence-i-cannot-think-that-we-should-have.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC "If we were asked what if the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence I cannot think that we should have"
Death how should we think of death and dying
It is an integral part of our lives that gives meaning to human existence. According to one of the philosopher Jasper “death is something is unimaginable, really something unthinkable”. In order to understand death from a wider concept we can analyze the philosophy of Jasper on this issue.
8 Pages(2000 words)Essay
How Do We Know What We Think We Know
According to the report, today, the news is available everywhere, from serious news programs to satire comedy to internet web pages to Twitter text messages. What holds true for our general news also holds true for what we think of the scientific news. New approaches, policies, and inventions are quickly reported on and then we're off to a new topic.
7 Pages(1750 words)Essay
My Greatest Achievement
Through my attainment of total social well-being, I have resolved to pursue a higher level of learning to maximize fully on my proficiency, diligence and satisfaction to the society. Though financial constraints have been a continuing pull down factor, I have made scholarship applications with the hope of securing admission at the Sterling College which is a Christian college in Sterling, Kansas.
1 Pages(250 words)Essay
How does ideology shape the way we think
Dominant ideologies are those that are accepted collectively by the populations of entire cultures and societies. They shape people’s ways of reflecting about the world and its populations.
5 Pages(1250 words)Essay
Do we think for ourselves or does society determine what we think (the social construction of reality)
Most sources on the paper have been found to be journals handling various case studies in America and also in Europe. They however, cover most of the basic areas in how social construction has affected the line of thought of many people. The paper will uncover
4 Pages(1000 words)Essay
Compare and Contrast___how technology is changing the way we live and the way we think
We are all very dependent upon our technology and we are invested in it even when we are in social settings. We have all seen a room full of people not speaking to each other, but every single one completely focused on the phone, IPads, and computers. There are many
3 Pages(750 words)Essay
The Way We Think About Charity is Dead Wrong
Consequently, new innovative approaches to enhance the non-profit sector fail to develop. An additional aspect is the time factor; people expect the non-profit organizations to demonstrate positive results within shorter periods of time, which
1 Pages(250 words)Essay
Discuss how you think we should approach globalization
This paper presents a discussion of how we should approach globalization and whether corporations should take the lead in attempting to combat the negative effects of globalization, such
4 Pages(1000 words)Essay
What We Know About the Achievement Gap
There are factors that contribute to the existence of performance Gaps in an organization (Rothstein). However, the management has come up with techniques to reduce the
1 Pages(250 words)Essay
Are we as informed as we think we are
She also realized that there is an increasing rate of Americans living alone. Some dozen foreigners are very idle in Toronto restaurant where they are just laughing loudly, drinking and
1 Pages(250 words)Assignment
Let us find you another Essay on topic If we were asked what if the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence I cannot think that we should have for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us