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.
General
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