The requirement has relaxed in certain situations such as in the case of Re Coxen (1948) where the inclusion of non-charitable element was allowed as it facilitated the performance of the trusts purpose. Scottish civil court rules that acquitted man did rape student There must be somebody, in whose favour the Re Harding [2007]: an express trust for the black community of certain areas upheld as a charitable gift too. trust property to a particular beneficiary, 5. Her case was bolstered by expert testimony that she was so intoxicated she had little knowledge of what was happening, had blackouts and was too drunk to give consent. Property was left to the settlor's daughter. A purpose excludes the poor if its benefit is limited to the rich either: A purpose also excludes the poor if even though not absolutely limited to the rich, it is open to only a token number of the poor (ISC v Charity Commission [2012]), Charities Act s.1: charity is an institution which is established for charitable purposes only, Charities Act s.2 defines a charitable purpose as one which falls within section 3(1) and is for the public benefit, The Charities Act s.1 dictates that a trust is charitable only if all its purposes are charitable (i.e. Equity and trusts, a guide on how to answer questions. B+ B+ B+ B+ B+ B+ B+ B+ B+ B+ B+ B+ B+ B+ B+ B+ B+ B+ B+ B+ B+ B+ B+ B+B etc! A sheriff in Edinburgh found that Stephen Coxen, 23, from Bury, Greater Manchester raped the then student at St Andrews University while she was too drunk to consent, after they met at a nightclub during freshers week in 2013. it is impossible to prove as a question of fact whether or not a beneficiary falls within a class, Generally, trust wont fail for evidential uncertainty (Mr Vinelott in Re Baden (No2)), but will usually fail for conceptual uncertainty, See the case of Re Badens Deed Trusts (No 2) [1973]. court can decree specific performance. (Sir William Grant MR)
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