Unincorporated Associations In English Law
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Unincorporated Associations In English Law
Unincorporated associations are one vehicle for people to cooperate towards a common goal. The range of possible unincorporated associations is nearly limitless, but typical examples are: :* An amateur football team who agree to hire a pitch once a week and split the cost. :* Residents of a street who agree to pay into a collective fund for street sweeping, etc. :* A co-operative. :* A trade union. :* A professional association. This article focuses on unincorporated associations in common law jurisdictions, such as the United Kingdom, Canada, and New Zealand. From a legal point of view, the most significant feature of an association is exactly that they are unincorporated: i.e., they lack legal personality. This is in contrast to some civil law jurisdictions, which confer legal personality on associations once they are suitably registered. Unincorporated associations are cheap and easy to form, requiring a bare minimum of formalities to bring them into existence. (Indeed, the ...
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Co-operative
A cooperative (also known as co-operative, co-op, or coop) is "an autonomous association of persons united voluntarily to meet their common economic, social and cultural needs and aspirations through a jointly owned and democratically-controlled enterprise".Statement on the Cooperative Identity.
'' International Cooperative Alliance.''
Cooperatives are democratically controlled by their members, with each member having one vote in electing the board of directors. Cooperatives may include: * businesses owned and managed by the people who consume their goods and/or services (a ...
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Agency (law)
The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, that is authorized to act on behalf of another (called the principal) to create legal relations with a third party. Succinctly, it may be referred to as the equal relationship between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work under their control and on their behalf. The agent is, thus, required to negotiate on behalf of the principal or bring them and third parties into contractual relationship. This branch of law separates and regulates the relationships between: * agents and principals (internal relationship), known as the principal-agent relationship; * agents and the third parties with whom they deal on their principals' behalf (external relationship); and * principals and the third parties when the agents deal. Concepts The recipro ...
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Hanchett‐Stamford V Attorney‐General
is an English trusts law case, concerning the destination of property that is held by unincorporated associations when they wind up. The High Court applied the view that while the association exists, assets are held jointly by the members but according to the terms of the association contract, and when the association ends any surplus funds go to those who were members of the association at the moment of its dissolution. (In the particular case, one sole member survived.) Facts The Performing and Captive Animals Defence League was founded as an unincorporated association in 1914, with the purpose of banning animals performing. It was decided the league had no charitable status in 1949, after '' National Anti-Vivisection Society v IRC'', because it was meant to change the law. Mr and Mrs Hanchett-Stamford joined as life members in the mid 1960s; he died in 2006 and she was the sole surviving member of the society. She decided to wind up and give the money to an active animal char ...
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Re Lipinski’s Will Trusts
''Re Lipinski's Will Trusts'' 976Ch 235 is an English trusts law case, concerning the policy of the " beneficiary principle" and unincorporated associations. Facts Mr Harry Lipinski, who was active in the Hull Jewish community, gave the residual part of his estate ‘as to one half thereof for the Hull Judeans (Maccabi) Association in memory of his late wife to be used solely in the work of constructing the new buildings for the association and/or improvements to the said buildings’. The other half was one quarter for the Hull Hebrew School (Talmud Torah), and one quarter for the Hull Hebrew Board of Guardians. The next of kin challenged these provisions, questioning whether the gift to the association would not be void. Judgment Oliver J held that the bequest was to the association absolutely, so in fact they did not need to use it for buildings (only constrained by the contract). The purpose was within the association's power to do, and it would be up to them to honour it. ...
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