Chapter 10

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  1. Question 1 of 10

    1. Which of the following purposes are charitable?

    • Correct. Feedback: A is the correct answer. This would be charitable under s 3(1)(g) Charities Act 2011 - advancement of amateur sport. The fact that these are young runners indicates that they are unlikely to be paid professionals. B involves a political purpose and C involves sporting professionals - neither falls within charitable purposes.

    • Incorrect. Feedback: A is the correct answer. This would be charitable under s 3(1)(g) Charities Act 2011 - advancement of amateur sport. The fact that these are young runners indicates that they are unlikely to be paid professionals. B involves a political purpose and C involves sporting professionals - neither falls within charitable purposes.

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  2. Question 2 of 10

    2. Which of the following rules does apply to charitable trusts?

    • Correct. Feedback: B is the correct answer. Where there is a gift from a charity to a non-charitable body, or from a non-charitable donor to a charity, the rule of remoteness of vesting would apply, i.e. the gift must vest within the perpetuity period.

    • Incorrect. Feedback: B is the correct answer. Where there is a gift from a charity to a non-charitable body, or from a non-charitable donor to a charity, the rule of remoteness of vesting would apply, i.e. the gift must vest within the perpetuity period.

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  3. Question 3 of 10

    3. Which of the following purposes would be charitable?

    • Correct. Feedback: C is the correct answer. It would succeed under s 3(1)(d) Charities Act 2011 - the advancement of health or saving lives. The first purpose is for a named individual and therefore would not qualify under relief of poverty and the second is largely political and therefore would not be a charitable purpose.

    • Incorrect. Feedback: C is the correct answer. It would succeed under s 3(1)(d) Charities Act 2011 - the advancement of health or saving lives. The first purpose is for a named individual and therefore would not qualify under relief of poverty and the second is largely political and therefore would not be a charitable purpose.

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  4. Question 4 of 10

    4. Who enforces charitable trusts?

    • Correct. Feedback: A is the correct answer. In a private trust, the beneficiary enforces the trust. In a charitable purpose trust, there is no identifiable beneficiary as such and the Attorney General will enforce the trust.

    • Incorrect. Feedback: A is the correct answer. In a private trust, the beneficiary enforces the trust. In a charitable purpose trust, there is no identifiable beneficiary as such and the Attorney General will enforce the trust.

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  5. Question 5 of 10

    5. The preamble which listed charitable purposes was the preamble to:

    • Correct. Feedback: B is the correct answer. This Elizabethan statute listed charitable purposes in its preamble. When considering whether new purposes could be charitable, courts have referred to 'the spirit and intendment of the preamble'.

    • Incorrect. Feedback: B is the correct answer. This Elizabethan statute listed charitable purposes in its preamble. When considering whether new purposes could be charitable, courts have referred to 'the spirit and intendment of the preamble'.

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  6. Question 6 of 10

    6. Which of the following purposes would be charitable?

    • Correct. Feedback: A is the correct answer under s 3(1)(d) Charities Act 2011 - the advancement of health or saving lives. B would not be charitable as it is purely private research and of no wider public utility, and C would not be charitable as it is of no public benefit.

    • Incorrect. Feedback: A is the correct answer under s 3(1)(d) Charities Act 2011 - the advancement of health or saving lives. B would not be charitable as it is purely private research and of no wider public utility, and C would not be charitable as it is of no public benefit.

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  7. Question 7 of 10

    7. What is meant by the public benefit requirement?

    • Correct. Feedback: A is the correct answer. A purpose will only be charitable if it is intended to benefit the wider community or the public at large.

    • Incorrect. Feedback: A is the correct answer. A purpose will only be charitable if it is intended to benefit the wider community or the public at large.

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  8. Question 8 of 10

    8. Charitable trusts must be for the public benefit with one exception which is:

    • Correct. Feedback: C is the correct answer. This exception has been in existence for over two hundred years and was affirmed in the House of Lords case Dingle v Turner [1972] and still exists - Attorney General v The Charity Commission for England and Wales [2012] Thus for example, trusts to relieve the settlor's relatives or employees from poverty would be charitable provided the beneficiaries are not individually named.

    • Incorrect. Feedback: C is the correct answer. This exception has been in existence for over two hundred years and was affirmed in the House of Lords case Dingle v Turner [1972] and still exists - Attorney General v The Charity Commission for England and Wales [2012] Thus for example, trusts to relieve the settlor's relatives or employees from poverty would be charitable provided the beneficiaries are not individually named.

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  9. Question 9 of 10

    9. Which of the following gifts would be regarded as charitable?

    • Correct. Feedback: The correct answer is B. A charitable gift must be exclusively charitable. In B the word deserving will be read in conjunction with charitable.

    • Incorrect. Feedback: The correct answer is B. A charitable gift must be exclusively charitable. In B the word deserving will be read in conjunction with charitable.

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  10. Question 10 of 10

    10. How does the law operate to save charities/charitable funds from failure?

    • Correct. Feedback: C is the correct answer. If the donor had a general charitable intention, then the cy pres doctrine allows the funds to be applied cy pres (so near) i.e. to a similar charity.

    • Incorrect. Feedback: C is the correct answer. If the donor had a general charitable intention, then the cy pres doctrine allows the funds to be applied cy pres (so near) i.e. to a similar charity.

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