Modern Cy-Pres Doctrine by Rachael Mulheron
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Modern Cy-Pres Doctrine
By Rachael Mulheron

The Modern Cy-Pres Doctrine

Applications and Implications

By (author) See other recent books by Rachael Mulheron
Format: Hardback

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Modern Cy-Pres Doctrine by Rachael Mulheron

Book Description

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-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 Details

ISBN: 9781844720866
ISBN-10: 1844720861
Format: Hardback
(234mm x 156mm x 27mm)
Pages: 400
Imprint: UCL Press
Publisher: Taylor & Francis Ltd
Publish Date: 3-Aug-2006
Country of Publication: United Kingdom

Other Editions...


Books By Author Rachael Mulheron

Principles of Tort Law by 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 by Rachael Mulheron Class Action in Common Law Legal Systems, Hardback (November 2004)

This book compares the class action models that apply in Australia and the United States with those of Ontario and British Columbia.

» View all books by Rachael Mulheron

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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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Recent books by Rachael Mulheron close
Principles of Tort Law by Rachael Mulheron
Principles of Tort Law by Rachael Mulheron
Modern Cy-Pres Doctrine by Rachael Mulheron
Principles of Tort Law by Rachael Mulheron
Class Action in Common Law Legal Systems by Rachael Mulheron
»
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