Question: “The present loose framework for the definition of charity enables the courts and the Charity Commissioners to develop the law in a way which is sensitive to the changing needs of society. The introduction of a statutory definition might put at risk the flexibility of the present law, which is perhaps its greatest strength.” Assess the accuracy of this claim.
Answer: English law has, for a long time relied upon a judicial understanding of what charity is by looking at which activities previous judges have accepted as meriting the description of charitable and analogising from those decisions. The essential attribute of charity is that it seeks to benefit the public and it is this element that merits the special treatment such trusts receive. However, the law also looks for a certain generic character in charitable activity and by the end of the 16th Century it was clear that some enumeration was needed of the activities which were thought to further the public good; this was first provided by the preamble to the Statute of Charitable Uses 1601, which for 350 years constituted the general statement of charitable purposes. These activities are today,......(short extract)
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Details: - Mark: 67% | Course: Equity and Trust Law | Year: 2nd/3rd | Words: 3588 | References: Yes | Date written: April, 2004 | Date submitted: October 13, 2008 | Coursework ID: 33
