Modern Cy-pres Doctrine (e-bog) af Mulheron, Rachael
Mulheron, Rachael (forfatter)

Modern Cy-pres Doctrine e-bog

359,43 DKK (inkl. moms 449,29 DKK)
It is unusual, in the precise world of law, to find instances of where 'near enough is good enough'. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-pres doctrine.The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out 'as...
E-bog 359,43 DKK
Forfattere Mulheron, Rachael (forfatter)
Udgivet 8 april 2016
Længde 400 sider
Genrer 1DBKE
Sprog English
Format epub
Beskyttelse LCP
ISBN 9781135392642
It is unusual, in the precise world of law, to find instances of where 'near enough is good enough'. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-pres doctrine.The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out 'as nearly as possible'. Over the past thirty years, this doctrine has marched into other legal territory where 'as near as possible' is also considered sufficient, such as in class actions litigation and under non-charitable trusts.Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-prs doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of 'cy-prs law' in the modern context and whether the doctrine can be expected to play an even greater role in the future.This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.