The Modern Cy-Pres Doctrine
Applications and Implications
By (author) Rachael Mulheron
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Modern Cy-Pres Doctrine by Rachael Mulheron
Book DescriptionIt 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-pres doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of 'cy-pres 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.
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Book DetailsISBN: 9781844720866
(234mm x 156mm x 27mm)
Imprint: UCL Press
Publisher: Taylor & Francis Ltd
Publish Date: 3-Aug-2006
Country of Publication: United Kingdom
Books By Author Rachael Mulheron
Principles of Tort Law, Hardback (September 2016)
Presenting tort law as a body of principles, this authoritative textbook guides students to a detailed understanding of the subject.
Class Action in Common Law Legal Systems, Hardback (November 2004)» View all books by Rachael Mulheron
This book compares the class action models that apply in Australia and the United States with those of Ontario and British Columbia.
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Author Biography - Rachael Mulheron
Dr Rachael Mulheron is Senior Lecturer in Law at Queen Mary University of London. She is also author of The Class Action in Common Law Legal Systems: A Comparative Perspective (Hart Publishing, Oxford, 2004).
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