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Charitable un-educational objects

Dal Pont, GE ORCID: 0000-0002-2787-1020 2020 , 'Charitable un-educational objects' , Canadian Journal of Comparative and Contemporary Law, vol. 6, no. 1 , pp. 191-219 .

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Abstract

Judges appear to have stipulated a ‘merits’ test when it comes to public benefitunderscoring education as a charitable object. The same is not evident in, say, objectsdirected to relieving poverty or advancing religion. At the same time, courts haveprogressively broadened the concept of ‘education’ for the purposes of charity law. Thismay present a tension between what is ‘educational’ and what is ‘beneficial’ in thecharity sphere. Lacking more than a perfunctory coverage of this issue in the literature,it is appropriate to probe the rationales and parameters of the ‘merits’ test, with a viewto developing an understanding of how education intersects with charity law. This ispursued by reference to three primary scenarios where contention has focused: (1) wherethe object is allegedly irrational or nonsensical; (2) where a donor has sought to establisha perpetual display of his or her possessions; and (3) bequests of funds for publication of(usually the donor’s) work.

Item Type: Article
Authors/Creators:Dal Pont, GE
Keywords: charities, education, merit, public benefit
Journal or Publication Title: Canadian Journal of Comparative and Contemporary Law
Publisher: Thompson Rivers University
ISSN: 2368-4046
Copyright Information:

Copyright 2020 Thompson Rivers University

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