The contractualisation of philanthropy
Access status:
Open Access
Type
ArticleAuthor/s
Silver, NatalieAbstract
The legal framework governing charitable giving seeks to balance individual donor autonomy against the requirement that charities apply donations to charitable purposes for the public benefit. In Australia, contract law has been largely absent from this legal framework. However, ...
See moreThe legal framework governing charitable giving seeks to balance individual donor autonomy against the requirement that charities apply donations to charitable purposes for the public benefit. In Australia, contract law has been largely absent from this legal framework. However, as philanthropy has evolved, sophisticated donors making large charitable gifts are increasingly entering into gift agreements with charities stipulating how their donated funds are to be applied. These contemporary philanthropic transactions raise important doctrinal questions regarding the ability of these restricted charitable gifts to create legally enforceable contracts, as well as the normative implications of this emerging intersection of charity law and contract law on the legal framework for charitable giving in Australia.
See less
See moreThe legal framework governing charitable giving seeks to balance individual donor autonomy against the requirement that charities apply donations to charitable purposes for the public benefit. In Australia, contract law has been largely absent from this legal framework. However, as philanthropy has evolved, sophisticated donors making large charitable gifts are increasingly entering into gift agreements with charities stipulating how their donated funds are to be applied. These contemporary philanthropic transactions raise important doctrinal questions regarding the ability of these restricted charitable gifts to create legally enforceable contracts, as well as the normative implications of this emerging intersection of charity law and contract law on the legal framework for charitable giving in Australia.
See less
Date
2022Source title
Journal of Contract LawVolume
38Issue
2Publisher
LexisNexisLicence
Copyright All Rights ReservedRights statement
This article was published by LexisNexis and should be cited as: Silver, N. (2022). The contractualisation of philanthropy. Journal of Contract Law, 38(2/3), 248–259.Faculty/School
The University of Sydney Law SchoolShare