Aspects of charity regulation : a comparative Anglo-American analysis

• Main Author: Luxton, P.
• Published: University College London (University of London) 1988
• Subjects: 340
• Online Access: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.543070

The thesis comprises a comparative Anglo-American analysis of two aspects of charity regulation: the doctrine of cy-pres and the legal control of charitable solicitations. The first part considers the jurisdiction and scope of the cy-pres doctrine, including its relationship to analogous principles such as the doctrine of approximation; the requirement of a general charitable intention, including a critical analysis of the distinction between initial and supervening failure; the difficulties that arise where gifts are made to merged charitable institutions; and a critical analysis of the administrative structures which exist to carry the doctrine into effect. The second part is an analysis of the law and practice relating to the regulation of fund-raising by charities. It considers criteria which maybe considered desirable goals of a solicitation system, and, in the light of these criteria, it examines the scope of the present regulative mechanisms in England and Wales. It considers the experience of solicitation laws in a number of States in the USA and constructs, from the bases of such laws, a number of model systems for the control of solicitations.The thesis concludes by considering, in the light of the American experience, possible explanations for the different legal treatment of cy-pres and solicitations under English law, particularly from the point of view of the intentions of charitable settlors or donors, and the extent to which English law might learn from its American counterpart