Chapter 8 Multiple choice questions

. Which of the following general rules of trust validity applies to a trust even if it is charitable?

The need for an identifiable beneficiary.

The need for certainty of subject matter.

The rule against inalienability of capital.

The need for certainty of object.

. Which of the following is not a function of the Charity Commission within The Charities Act 2006 (as consolidated by the Charities Act 2011)?

Defining new categories of charitable purpose.

Determining whether institutions are or are not charities.

Encouraging and facilitating the better administration of charities.

Identifying and investigating misconduct in the administration of charities.

. Which of the following purposes is not a charitable purpose expressly listed in the Charities Act 2006 (as consolidated by the Charities Act 2011)?

The promotion of marriage and family life.

The advancement of community development

The advancement of culture.

The promotion of equality and diversity.

. Which of the following is not a charitable purpose?

The relief of the donor's poor relations.

The relief of the destitute.

The relief of those in need, by reason of financial hardship.

The relief of the working classes.

. Which of the following is not for the charitable purpose of advancing education?

A trust to establish industrial apprenticeships.

The purposes of The Society of Legal Scholars.

A trust to promote trivia quizzes in bars and public houses throughout the UK.

A trust for the production of reports of legal cases.

. Which if the following will not be a charity for the advancement of religion?

"monotheism"

"proselytism"

"polytheism"

"atheism"

. In Resch's Will Trusts [1969] 1 AC 514, the testator left his residuary estate (then valued around eight million Australian dollars) to trustees upon trust to pay two-thirds of the income 'to the Sisters of Charity for a period of 200 years so long as they shall conduct the St Vincent's Private Hospital'. The hospital did not seek to make a commercial profit, but its charges for treatment, while not necessarily excluding the poor, were not low. Would this nowadays be a charitable trust (for the advancement of health or the saving of lives)?

It was then, but it would not be now.

It was then, and it would be now.

It was not then, and it still would not be now.

It was not then, but it would be now.

. Suppose Ophelia left a bequest to her faithful dogs, Hamlet and Yorick. Would the bequest be charitable?

Yes, because it tends to promote and encourage kindness to animals.

Yes, because it is a trust for more than one dog.

No, because it is a trust for specific animals.

Yes, because the dogs are unlikely to be alive more than 21 years after Ophelia's death.

. Which of the following may be charitable?

Undertaking political activities to promote a charitable purpose.

The promotion of a political party in the UK.

The promotion of a particular political doctrine.

The promotion of social justice in a foreign country.

. In which of the following circumstances will the doctrine of cy près have no application?

Where charitable funds are used before the charitable purpose is fulfilled.

Where a charitable trust cannot be carried out.

Where a charitable trust is fulfilled leaving a surplus of charitable funds.

Where a charitable gift is made to a charity which no longer exists.

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