In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.

This book examines the 'public benefit requirement', which provides that a charity's purposes must be for the public benefit. This requirement was given statutory force by the Charities Act 2006, which also provided that 'public benefit' is to be construed in accordance with existing case law and not presumed. The author examines guidance published by the Charity Commission in 2008 and 2013 and measures its accuracy against principles extrapolated from case law, with a focus on fee-charging charities, and independent schools in particular. She also considers the implementation of the Charity Commission's public benefit assessments of independent schools during 2008–10. The book offers a comparative study of the law relating to public benefit in Scotland and presents an analysis of the decision of the Upper Tribunal (Tax and Chancery) in proceedings brought by the Independent Schools Council and Attorney General in 2011. It also considers subsequent reviews of the 2006 Act by Lord Hodgson and the Public Administration Select Committee and the Government's response to those reviews in September 2013. The fact that the law automatically bestows certain privileges on charities, including tax exemptions, means that the charitable status of fee-paying schools has proved particularly contentious and was described by Lord Campbell-Savours as making 'an absolute nonsense' of charity law. Here, the author asks whether the public benefit requirement, as enacted and interpreted, has succeeded in bringing any sense to our law of charity in recent years.

In a subject that is heavily reliant on the specifics of case law, Cases & Materials on Equity & Trusts provides an essential source of reference for your studies in equity and trusts. The tenth edition contains a diverse range of relevant and interesting case law, statutory material, academic writing, and official proposals for law reform. Where appropriate, legal material is accompanied by non-legal sources to highlight important issues and make them more memorable. The book uses key features as tools to assist learning and revision, including questions, suggestions for further reading, and notes. Gary Watt continues to combine rigorous scholarship with a clear and accessible approach in his choice of materials and commentary. New cases featured in this edition include: The UK Supreme Court's decision in AIB Group (UK) plc v Mark Redler and Co Solicitors (2014) on liability for losses caused by breach of trust, FHR European Ventures LLP v Cedar Capital Partners LLC (2014) on liability for unauthorised fiduciary gains, Rawstron v Freud (2014) on secret trusts, Prest v Petrodel (2013) on resulting trust and statutory formalities, Jetivia SA v Bilta (UK) Ltd (in liquidation) (2015) and Les Laboratoires Servier & Anor v Apotex Inc (2014) on illegality and the reliance principle in resulting trusts, Williams v Central Bank of Nigeria (2014) on the nature of the equitable liability of third party 'strangers' to a trust, Curran v Collins (2015), Graham-York v York (2015), and Smith v Bottomley (2013) on constructive trusts of land, New and pending legislation, such as the Inheritance and Trustees' Powers Act 2014, the Charities (Protection and Social investment) Act 2016, the Cohabitation Rights Bill, and the Law Commission's draft Trusts (Concealment of Interests) Bill are also discussed. Book jacket.

Focussing on the contemporary struggle to achieve a triangulated alignment between religious beliefs, human rights and charity law, this comparative analysis of law and practice in six common law nations identifies and assesses the issues currently challenging judiciary, regulators and religious charities.

On the Parish? is a study of the negotiations which took place over the allocation of poor relief in the rural communities of sixteenth, seventeenth and early eighteenth century England. It analyses the relationships between the enduring systems of informal support through which the labouring poor made attempts to survive for themselves; the expanding range of endowed charity encouraged by the late sixteenth century statutes for charitable uses; and the developing system of parish relief co-ordinated under the Elizabethan poor laws. Based on exhaustive research in the archives of the trustees who administered endowments, of the overseers of the poor who assessed rates and distributed pensions, of the magistrates who audited and co-ordinated relief and of the royal judges who played such an important role in interpreting the Elizabethan statutes, the book reconstructs the hierarchy of provision of relief as it was experienced among the poor themselves. It argues that receipt of a parish pension was only the final (and by no means the inevitable) stage in a protracted process of negotiation between prospective pensioners (or 'collectioners', as they came to be called) and parish officers. This running theme is itself reflected in a series of chapters whose sequence seeks to mirror the experience of indigence, moving gradually (and by stages) from the networks of care provided by kin and neighbours into the bureaucracy of the parish relief system, emphasising in particular the importance of labour discipline in the thinking of parish officers. By illuminating the workings of a relief system in which notions of entitlement were both under-developed and contested, On the Parish? provides historical perspective for contemporary debates about the rights and obligations of the poor in a society where the dismantling of the welfare state implies that there is, once again, no right to relief from cradle to grave.

For the first time since 1601, a number of leading common law nations have almost simultaneously chosen to revise and place on the statute books the law relating to charity. The Politics of Charity examines the reasons for this and for the varying legislative outcomes. This book examines the legal framework and political significance of charity, as developed within England & Wales, contrasts this with the experiences of other common law nations and explores the resulting implications for government/sector relationships in those countries. It suggests that charity law lies at the heart of the relationship between government and the non profit sector, that there is an unmistakeable political agenda driving charity law reform and that the differential in legislative outcomes reflects important differences in the policies pursued by the governments concerned. Looking at fundamentally different approaches of government towards the sector in the UK, Ireland, the US, New Zealand, Canada, Singapore and Australia, O’Halloran argues the results will have implications for the present workings of parliamentary democracy. The Politics of Charity will be a valuable resource for academics, regulators and legal practitioners as well as advanced and postgraduate students in law, politics and public policy.

This book provides the first comprehensive analysis of the principal legal landmarks in the evolution of the law of the established Church of England from the Reformation to the present day. It explores the foundations of ecclesiastical law and considers its crucial role in the development of the Church of England over the centuries. The law has often been the site of major political and theological controversies, within and outside the church, including the Reformation itself, the English civil war, the Restoration and rise of religious toleration, the impact of the industrial revolution, the ritualist disputes of the 19th century, and the rise of secularisation in the twentieth. The book examines key statutes, canons, case-law, and other instruments in fields such as church governance and ministry, doctrine and liturgy, rites of passage (from baptism to burial) and church property. Each chapter studies a broadly 50-year period, analysing it in terms of continuity and change, explaining the laws by reference to politics and theology, and evaluating the significance of the legal landmarks for the development of church law and its place in wider English society.

The years leading up to this book's publication had seen a re-assessment by historians of the Elizabethan parliament. David Dean's book contributed to this development by offering the first detailed account and analysis of the legislative impulses of the men attending the last six parliaments of Elizabeth's reign. Examining a wide range of social and economic issues, law reform, religious and political concerns, and affairs both national and local, Law-Making and Society in Late Elizabethan England addresses the importance of parliament both as a political event and as a legislative institution. David Dean draws on an array of local, corporate and personal archives, as well as parliamentary records, to reinterpret the legislative history of the period.