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The Wivenhoe Benevolent Society, a non-charitable unincorporated association, ran a social club and held dinners for worthy causes. Its funds were raised from members(TM) subscriptions and donations from well-wishers. Six weeks ago it held a di
The first 200 words of this essay...
SCHOOL OF LAW
Assessed Coursework Cover Sheet
MODULE CODE AND NAME:
LAW 209 : LAW OF PROPERTY II
DATE OF SUBMISSION:
3 MARCH 2008
An unincorporated association is an association of individuals formed for a particular purpose which does not have a distinct legal personality,1 the Wivenhoe Benevolent Society being one such association. It has no rights or duties separate from those undertaken by its individual members. The members of the unincorporated association are contractually obligated to one another, Conservative and Unionist Central Office v. Burrell.2
The general rule for non charitable purpose trusts is that they are void, Re Astor's Settlement Trusts,3 because a trust must have someone who can enforce it, which is the beneficiary principle which originated in the statement by Grant MR in Morice v. Bishop of Durham.4 The objects of the trust must be expressed with sufficient certainty to enable the courts to control the trust. Modern methods of construing dispositions to unincorporated associations include the contract-holding and agency (or mandate) theories, and the Re Denley principle.5
The definition of an
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