The contractualisation of philanthropy

Abstract

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, 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.