The Nature And Evolution Of Csr - 1238 Words

Chapter 2. Literature Review 2.1 The nature and evolution of CSR To understand the nature of the phenomenon CSR and what it entails would require of us to strip today’s definition down to its bare bones, trace its past and look into its evolutionary future through the work of writers in this space. With this understanding, it may be possible to look into how CSR can be ported over to a context where culture, organizational and social, differ from where it was originally conceived- the more developed Western world. The (Commission, 2015) defines CSR as â€Å"companies taking responsibility for their impact on society†. It adds that CSR should be initiated by companies, with public authorities playing a supporting role through policy and regulation. Companies the commission would consider as socially responsible would have to comply with the law, integrate social, environmental, ethical, consumer and human rights concerns into their business and strategy operations. This recent definition of CSR covers most if not all of the angles of the different definitions and models of CSR put forth by writers in the CSR space. However as written by many authors, this is a dynamic field that continues to evolve (Carroll and Shabana, 2010, Geva, 2008, Carroll, 1999, Lee, 2008, Pirnea et al., 2011, Waddock, 2008). According to (Spector, 2008) its roots can be traced to the pre- World War II era (early years of the cold war), but for the sake of this paper we shall not go that far back. WeShow MoreRelat edArgument For Corporate Social Responsibility1082 Words   |  5 PagesArguing for Corporate Social Responsibility Introduction: The Corporate Social Responsibility (CSR) originated in 19537 with the publication of Bowen’s book Social Responsibilities of Businessmen (Carrol, 1999). Some perceived that at that time, the emphasis is placed on business people’s social conscience, rather than on the company itself. Some argue that corporate entities do not have any social responsibility except the ones that were written in agreement with government while establishing corporateRead MoreArgument For Corporate Social Responsibility1082 Words   |  5 PagesArguing for Corporate Social Responsibility Introduction: The Corporate Social Responsibility (CSR) originated in 19537 with the publication of Bowen’s book Social Responsibilities of Businessmen (Carrol, 1999). Some perceived that at that time, the emphasis is placed on business people’s social conscience, rather than on the company itself. Some argue that corporate entities do not have any social responsibility except the ones that were written in agreement with government while establishing corporateRead MoreAnglo American Corporate Social Responsibility1514 Words   |  7 Pagesresponsibility†¦Ã¢â‚¬ , the improvement of the notion of Anglo-American corporate social responsibility (CSR) has rapidly expanded. This essay will review the important concept around Anglo-American CSR, its development and provide a verdict on the extent whether liberalisation, globalisation, and developments in the markets for debts and equity are impacting the tradition view of an Anglo-American public corporation and the nature of its soc ial responsibility. 2. Tradition view According to the research from CernatRead MoreDuty Of Care And Diligence1078 Words   |  5 Pagesliquidator or individual creditors can also sue the directors for the breach of this duty. S 588G is only applicable at the time of the insolvency of company and a debt has been incurred. Officers or employees are not affected by this section. 2. Evolution of director’s duties and responsibilities 2.1 A short history of director’s duties Company law in Australia was initially derived from English law with several indigenous modifications from year 1828 (Bathurst, 2013). Early Australian legislationRead MoreBusiness Ethic2038 Words   |  9 Pages-Family -Friend -Religion -school -Media -ethic Background Difference between intrinsic and instrumental value? intrinsic instrumental value Something that has value as an instrument to reach an end goal Value belonging to something by its very nature. The Golden Rules Do unto others as you would have them do unto you. Ethical Theory can divide 2 category: i) virtuous ethics ii) ethic for the greater good iii) universal ethic Ethical Relativism A tendency to make ethical choices onlyRead MoreHow Corporate Social Responsibility ( Csr ) Has Evolved Over Time2289 Words   |  10 PagesIntroduction The purpose of this essay is to discuss how corporate social responsibility (CSR) has evolved over time. The relative issue of greenwashing will also be discussed in regards to its rise as well as driving factors for its use, and how activist groups and NGOs are targeting and combating the issue. What is CSR? Firstly, we must understand today’s definition of CSR and the concept of the triple bottom line. Cherry and Snierson (2011, 1010) state that corporate social responsibility meansRead MoreIndia Csr Initiatives For The Inclusive Development Of The Society1836 Words   |  8 Pagesenvironments. In India CSR is in a very much primary stage. Seeing to the government of India’s most desirable step towards Social welfare through economic reforms and involving well economic corporate performers by introducing a Provision of mandatory 2% CSR spending of Net Profit on August 29, 2013 through companies act 2013.keeping this provision in mind researcher has tried to analyze Comparatively critically old provision of Voluntary disclosure and CSR spending with New Mandatory 2% CSR Spending. AndRead MoreEssay On National Institutes Of Health791 Words   |  4 Pagesthe medical community. Mission: NIH as a division of the Department of Health and Human Services (DHHS) and research institution aims to promote and improve the population health. NIH’s mission is to seek fundamental knowledge about the nature and behavior of living systems and the application of that knowledge to enhance health, lengthen life, and reduce illness and disability†. Goals: NIH shorten its goals in some points: 1- â€Å"To foster fundamental creative discoveries, innovativeRead MoreThe Business Case for Corporate Social Responsibility: a Review of Concepts, Research and Practice15551 Words   |  63 Pagesresponsibility (CSR). The business case refers to the underlying arguments or rationales supporting or documenting why the business community should accept and advance the CSR ‘cause’. The business case is concerned with the primary question: What do the business community and organizations get out of CSR? That is, how do they beneï ¬ t tangibly from engaging in CSR policies, activities and practices? The business case refers to the bottom-line ï ¬ nancial and other reasons for businesses pursuing CSR strategiesRead MoreSocial Responsibility of Private Sector in Context to India3316 Words   |  14 Pageslocally-specific themes. However, the term OSR—or even SR—is not currently used outside the ISO process. There is, therefore, a risk that using this term will generate confusion and some resentment among those who are familiar with existing terms such as CSR. Awareness of and engagement with the SR agenda A further definitional and operational challenge is that issues within the SR agenda are not always identified as such. For example, the South African notion of black economic empowerment can be

Feminist Criticism on Where Are You Going, Where Have You...

The term ‘feminism’ and ‘feminist’ first started to gain popularity in the 1970s. Starting in the nineteenth and early twentieth centuries, continued into the 1960s and 1970s, then followed by the 1990s to the twentieth century, feminism and feminist grown across the nation. From clubs and organizations, to readings and speeches, feminist all across the nation, and world, have influenced aspects of our daily lives, including our literature. â€Å"Feminist criticism examines the ways in which literature reinforces or undermines the economic, political., social, and psychological oppression of woman† (Tyson 83). In simpler terms, feminist criticism is critiquing literary readings, through the mind of a woman’s opinion of structure and being.†¦show more content†¦From a patriarchal ideology, Connie seems a bit of a tramp concluding that â€Å"men sleep with â€Å"bad girls†, but they don’t deserve better and they probably d on’t even expect better. They’re not good enough to bear a man’s name or legitimate children† (Tyson 90). While completely objectifying women, this ideology places them into two, very broad, different categories as well. Why should Connie be seen asShow MoreRelatedThe O. J. Simpson Case1576 Words   |  7 Pagesas a historical lens and cultural lens as well. The reason why I use those two perspectives was because; in history the black people has been treated as non-human, criminals, and properties. And in a culture perspective, black people are racial discriminated and profiled which plays a huge part in the OJ Simpson trial. The trial and case of O.J. Simpson has been described as one the most publicized criminal trial in all of American history. The OJ Simpson trial could be seen as cultural perceptiveRead MoreGeneral, I Love Women Essay1356 Words   |  6 Pageslove women. In general, I have respect for women. In general, I think women are just as capable as men and should have the same rights and privileges. I think anyone who’s opposing that is someone who has their head screwed on backward and I completely disagree with them. I have stood up for women facing actual misogyny in the past. Now that I have stated my position that I think that women are just as capable, and should have the same rights and privileges as men, where do I go from there? To meRead MoreFay Weldon: An Equal Opportunity Feminist Essay1314 Words   |  6 PagesFay Weldon, born Franklin Birkinshaw, started out life in a state of ambivalence. She â€Å"took out library books as Franklin and read them as Fay† (Weldon). â€Å"What I do have to do is be faithful to what I see around me, whether I like it or not. My role is to look at the world, get a true, not an idealized vision of it and hand it over to you in fictional form† (Fay Weldon). This is how Fay Weldon defines her writing. Although the role of women in society has vastly changed in the last fifty years, thereRead MoreFeminist Criticism Of Susan Glaspell s Trifles 1512 Words   |  7 PagesThe feminist theory is always adapting to new cultural and always changing. What stems from the feminism theory is feminist literary criticism â€Å"feminist criticism examines the ways in which literature (and other cultural productions) reinforces or undermines the economic, political, social, and psychological oppression of women† (Critical Theory Today, 4 Feminist Criticism, pg. 79 Tyson, Louis). This theory shows us how patriarchal our society is and that’s how Susan Glaspell’s shows her work inRead MoreA Feminist Literary Stance, Roles of Women in Henrik Ibsen’s Play A Doll’s House and George Eliot’s Novel Middle march1546 Words   |  7 PagesA feminist literary stance, roles of women in Henrik Ibsen’s play A Doll’s House George Eliot’s novel Middlemarch Henrik Ibsen’s A Doll’s House and George Eliot’s Middlemarch are based on events from their personal experiences. The events that lead Ibsen to feel the need to write A Doll’s House makes his approach on the feminist stance a bit more unusual from other writers. Ibsen shows his realist style through modern views and tones that are acted out by the characters in this infamousRead MoreFeminist Criticism Of A Rose For A Rose For Emily By Judith Fetterley1399 Words   |  6 PagesThere are three main sections to a literary interaction, which are emphasis on the text, emphasis on the source and emphasis on the receiver. Under emphasis on the receiver there are several different critical approaches including feminist criticism. Feminist criticism focuses on the critique of female writers, the role of female characters, and how those roles are portrayed by their characteristics and often demeaning actions. In â€Å"A Rose for ‘A Rose for Emily,â€⠄¢Ã¢â‚¬  Judith Fetterley states that â€Å"ARead MoreFeminism Theory : Who Want Women Equality, They Should Look Into Feminism1552 Words   |  7 Pagesthose who want women equality, they should look into feminism. To be a feminist you don’t have to be a woman, you just need to support women in their fight to be legally equal to men in social and economical situations. This means women deserve equal pay, equal access to education, make decisions about their own body, ending job sex segregation, better working conditions, for women to be able to hold a public office and have a say in the decision making of their country, and to be afforded the sameRead MoreThe, The Divine Feminine, By Mac Miller1667 Words   |  7 Pagesproblems that women have gone through growing up feminine and for those trying to find a female identity. Women do not want to be seen ambivalent like a walking contradiction. I analyzed and interpreted Mac Miller’s album The Divine Feminine in its entirety which illustrates how he shows female agency to the ideology of domination. After applying a feminist criticism search model, I found that the album calls attention to secondary groups. Women constitute a marginal group. They have been excluded inRead MoreFeminism And The Second Wave Of Feminism1351 Words   |  6 Pagesdivorced, mentally ill mother in Toledo, Ohio. Steinem spent six years caring for her mother before she left for Smith College where she obtained a degree in government, a choice that was non-traditional for a woman at the time. After establishing herself as a freelance writer, Steinem worked for Show magazine until she was captivated by an abortion speak out from the radical feminist group, Redstockings, and began to think and write about as well as give talks on feminism. (Biography.com Editors) In 1970Read MoreFeminist Criticism : The Scarlet Letter 1324 Words   |  6 Pa gesAndrea Rhoden English IV Almack 1st six weeks The Scarlet Letter:Feminism Feminist criticism is a form of literary criticism that uncovers the common mistreatment of women in literature. For centuries, women have been viewed as the minorities, unable to control and protect themselves. In history, women have had little to no voice in the world, what little bit of a voice they have is only obtained through marriage. 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Nebulae The Sagittarius Triplet - 688 Words

A Sagittarius Triplet A nebulae as described in Fraknoi’s Voyages to the Stars and Galaxies is â€Å"all objects that were not sharp points of light† (Fraknoi, page 384). The Sagittarius Triplet is a group of three nebulae’s famous for their bright red and blue hues, which is a main reason I choose this picture. There are three nebulae in this picture and each is spectacular on its own but together the Sagittarius Triplet creates a visual buffet for the eyes. The dark reds in particular are beautiful to behold and take up the majority of the visual landscape. These red colors are created by the emission nebulae by hydrogen gas that is heated by the intense temperatures of present stars. The image made me feel the vastness of space and the endlessness of time. The interesting layout of the nebulae creates a long stardust highway across the image, connecting the NGC 6559 and M8 nebulae. These three nebulae are so bright they are routinely featured in telescopic tours of the Sagittariu s constellation and the central Milky Way galaxy. M8 or the Lagoon Nebula and M20 or Trifid were first cataloged in 1764 by Charles Messier (Kronberg). The Trifid Nebula, M20, (at the upper right in the image) is a â€Å"rare combination of an emission and reflection nebula† (Koprolin). This colorful contrasting nebulae is 5,000 light-years from Earth and 40 light-years across. A star forming region in the plane of our galaxy, the Trifid illustrates three different types of astronomical nebulae; red

The Three Certainties free essay sample

To be valid as a trust there must be: a) Certainty of intention to create a trust – Is a trust intended as a q. of fact? b) Certainty of subject-matter – What property is to be subject to the trust and what are the beneficial interests? c) Certainty of objects – Who are the beneficiaries of the trust? (charitable trusts do not need to satisfy this requirement) * Why are these requirements necessary? The essential elements of the trust relationship must be defined with sufficient certainty to enable the T or donee of the power, or by default the court, to carry out his/her duties. Ts must know what their obligations are under the trust. The settlor cannot put the T under a duty to do something that is too vague to be legally enforceable or that is practically unworkable, given the nature of the trustee’s duties and their liability for breach. Certainties provide T with a degree of protection. Equity looks to intent, rather than form. This is a question of construction of the relevant documents or of gathering inferences from the words or conduct of the alleged settlor, considering all the circumstances of the case. Administration of Justice Act 1982, s. 21: Extrinsic evidence, including evidence of the T’s intention, may be admitted to assist in the interpretation of a will. Use of the word ‘trust’ * Kinloch v. S of S for India; There is no magic in the use of the word ‘trust’. Re Harrison (2005); In relation to a will Hart J said, that the mere facts that the words ‘in trust’ had been used was not, in itself, inconsistent with an intention that the testator’s wife should be the absolute beneficial owner. A strong context is required to deny the prima facie construction of the word ‘trust’. * Re Harding [2007]; Lewison J noted that Hart J decided that the words ‘in trust’ in the will that he was considering were incompatible with an absolute gift. Imperative or precatory language? Since Lambe v. Eames (1871), the courts have generally made a distinction: * Imperative words express a command, a duty to do something. Use of such words indicates that a trust (or power) is intended. * Precatory words express a hope, a wish, or a moral obligation that the donee will deal with testator’s property in a particular way. Use of such words typically indicates that a gift is intended. There is no intention to impose a binding trust on that person. Modern attitude No trust is created by precatory words: * Lambe v. Eames (1871); ‘to be at her disposal in any way she may think best, for the benefit of herself and her family’. * Re Adams (1884); Held there was no trust created by a testator who gave all of his property to his wife ‘in full confidence that she would do what is right as to the disposal thereof between my children, either in her lifetime, or by will after her death’. + Cotton LJ: ‘Undoubtedly confidence†¦may make a trust, but what we have to look at is the whole of the will which we have to construe’. Re Diggles (1888); ‘it’s my desire that she allows A an annuity of ? 25 during her life’. But note: * Comiskey v. Bowring-Hanbury [1905]; The presence of precatory words will not necessarily prevent the court from finding that a trust exists, as long as it is satisfied that this was the donor’s intention. Here, reading the ‘full confidence’ section as precatory, later words suggested H intended to convey a life interest to W. * Staden v. Jones [2008]; Ct may also take into account surrounding evidence which sheds light on the parties’ intentions. Here the CA looked to a solicitor’s covering letter to conclude that a divorcing couple’s arrangement that the W transferred her share in the family home to the H on the basis that their daughter should ultimately be entitled to her share amounted to a constructive trust. Conduct: * Paul v. Constance [1977]; An intention to create a trust can also be inferred from the donor’s conduct. Facts: Dispute over whether Mr C’s wife (from whom he was separated but not divorced) or his new partner, Mrs P, was entitled to money held in a bank account in the deceased’s sole name. During their relationship Mr C had made arrangements for Mrs P to withdraw money with his permission. Only Mr C withdrew money once, which was split evenly between them and he often told Mrs P that the money was ‘as much yours as mine’. They also paid some joint bingo winnings into the account. Decision: Held these actions were sufficient to infer that Mr C had made a declaration of trust of the money in the account and Mrs C was entitled to half of the account. There can be a trust of almost anything: chattels, a chose in action, a right or obligation under a contract, land or money. (a) The asset must exist The asset which is to be the subject matter of the trust must exist. The trust must fail if the defendant fails to constitute the fund to which the trust was supposed to attach. * Fortex Group v. Macintosh [1998] 3 NZLR 171; Facts: Employees paid monthly into a pension fund. Money was supposed to be paid into a separate company account but this did not happen. Employer (F) became insolvent and had been using the sums paid into the pension fund in its general expenses. Identifying the ‘part’ of the asset which is the subject-matter of the trust – Situation: Where there is a trust over part of a bulk of tangible property, the trust property will only be certain if it has been separated from the rest. Issue: In such a case, the part must be defined with sufficient certainty to distinguish it from the rest, which may belong beneficially to the trustee or to another beneficiary. How is the part sufficiently certain? Cases where the subject-matter was too uncertain: Trust is void†¦ * Palmer v. Simmonds (1854); Facts: The trust was only to attach the ‘bulk’ of the testatrix’s estate. Decision: Trust altogether void because the definition of the subject matter was not clear enough. The proportions were not easily ascertainable and so the trust was practically incapable of being administered – no one could dispose of property as they would not know if it was their own or the trust’s. H would have no way of knowing in advance if he was committing a breach of trust as the extent of the trust fund is not defined clearly enough. Criticism: Arguably this is too technical, although Fox says it is not. As soon as they have paid, they will be considered tenants in common of the whole property. This has the effect of protecting their purchasers from creditors in the event of liquidation or receivership. * Re London Wine Co. Ltd [1986]; Facts: LWC stocked cases of wine in various warehouses. When wine was purchased by customers, they received a certificate of title; indicated the wine would be held on trust for them until dispatched. Intention was that the wine purchased should be the customers’ property, but stored by the co. at customers’ expense. LWC went into liquidation. Issue: Was the wine was held on trust for the customers or was to be considered part of LWC’s general assets available to creditors? Decision: Held there was perhaps an intention to create a trust, but actually no trust, as the wine ordered by customers had not been separated from the general stock and so the subject-matter of each trust could not be identified. There was no appropriation of the wine within the warehouse until actual delivery to the purchaser. Justification: All the bottles of wine were potentially different among themselves. Principle: When property is tangible the trust property must be specifically identified. + Pettit: right in principle. Vs. Intangible property However, where there is a trust of some intangible property, such as shares, there is no need to identify the specific shares to be held on trust. * Hunter v. Moss (1994) (CA); Facts: M owned 950 shares in a co. He declared himself T of 50 of those shares for H. Later M sold all his shares and kept the proceeds. H sought a share of the proceeds. M argued that the trust was void because he had not separated or identified the specific shares to be held. Test: Held, in such cases, that the question of certainty depends not on the application of any immutable principle based on the requirements of the needs for segregation or appropriation, but rather on whether, immediately after the purported declaration of trust, the court could, if asked, make an order for execution of the purported trust. Decision: Trust was workable. Dillon J distinguished Re London Wine Co. on the basis that, unlike cases of wine or other tangible property, these shares were indistinguishable from one another. They all carried similar rights to vote at company’s meetings etc. Hence no separation was required as holding any 50 shares would achieve the same thing. Criticism: + Hayton: 1. Is Dillon J’s argument that there is no difference between a testator giving 50 shares to a legatee in his will and a settlor declaring himself T of his 50 shares correct? 2. Difficult questions may arise in the event that the ‘trustee’ sells part of his holding – E. g. Has he sold his own shares or the Bs or, if the transaction is taxable, who is liable, the seller or the B? + Worthington: Suggests such issues could be resolved through tracing. 3. Is the broad distinction in the cases between trusts of part of unascertained bulks of tangible and intangible property convincing? + Ockleton [1994] CLJ 448: + Alison Jones Conv 466: Argues that intangible assets are not in a different position from tangible. Nor is the analogy drawn by the court with a demonstrative legacy valid, because a trust of such shares will become completely constituted only when the particular shares have been vested in the trustee. J Martin [1996] Conv 223: Worthington [1999] JBL 1: Supports. Australian cases have declined to follow Hunter v. Moss: White v. Shorthall (2006). * Re Goldcorp Exchange Ltd. [1995]; Distinguished from Hunter also. This was a case of a trust over tangible property where some of the units might have varied between themselves. Ways of getting out of the problem: * Re Hallett’s Estate (1880); Artificial identification presumption of identification is used by the court to untangle mass of property (tracing). Court would simply deem after the event that if the trustee sold 900/950 shares, and when he becomes bankrupt that there are 50 left, the court will simply deem that the 50 belongs to B. White v. Shortall (2006) (SCNSW); Can you make the trust work consistently with the testator’s wishes? Ct implied a duty to make the trust work read in that trustee owns an implicit duty always to maintain a sufficient balance within the total fund to meet the amount of the B’s claim, if and when the B wants to enforce it. So the trust works by implying. Is there a valid distinction in the standards of certainty between testamentary trusts and inter vivos trusts? * Re Clifford [1912]; Diff gift – a testamentary trust. Facts: Testator had provided the B of the will would get 20/104 shares in his company free. In Hunter the court says this is an example valid just like Hunter. Criticism: + Fox: Says it is not the same: an executor of a will, then one of your duties as an executor is to identify the property in T’s estate and then apply it towards the B’s gift. There is an inbuilt duty which makes the trust workable, even though the testator has not specifically identified the property. So unless there is a duty in a case like Hunter there is little chance the trust is workable. Reality: Trusts like Hunter v Moss will not be attacked for being invalid as they are much too common and millions of pounds of funds depend upon their validity. The implications of Hunter v. Moss [1994] 1 W. L. R. 452 for the ownership of unallocated holdings of shares in dematerialized share trading systems. Re Harvard Securities Ltd (in liq. ); Holland v. Newbury [1997] 2 B. C. L. C. 369. Is it enough that the trustee’s obligation to identify and segregate the units from the larger fund can be defined with sufficient certainty even though the settlor has not specifically identified the units to which the trust should attach? Facts: Testator established a trust of 4 houses for his daughters, M and C. M was to choose which house she wanted and the other houses would be held on trust for C. M died before making her choice. Decision: Trust failed as it was no longer possible to say which houses would be held on trust for C. Property had been clearly identified but the beneficial interest had not. Trust would have succeeded had Ts been given the power to choose the house. No-one could determine. NB. Legal issues surrounding the certainty of beneficial interests will not apply in respect of discretionary trusts. Certainty of Objects The fundamental test: Can the trustee or donee of the power execute his or her duties under the settlement? Functional test – can you make the trust work? Can you make the trustee’s duties operable? Rules: a) A power will be certain as to its objects if it can be said with certainty whether any given individual is or is not a member of the class. b) A fixed trust will be certain as to its objects if a complete list of Bs can be compiled. c) A discretionary trust will be certain as to its objects if it can be said with certainty that any given individual is or is not a member of the class. Doulton [1971]; Lord Wilberforce: ‘The power is valid if it can be said with certainty whether any given individual is or is not a member of the class and does not fail simply because it is impossible to ascertain every member of the class’. * Re Coates [1955]; A will conferred a valid power on the wife – ‘I direct my executors to pay to such friend or friends as are nominated by my wife’. * Re Baden’s Deed Trusts (No. 2); Confused the issue. The majority held in effect that a power may be valid even though there may be a substantial no.  of persons of whom it is impossible to say whether or not they are within the class or not. Three judges gave 3 opinions. Technically concerned discretionary trusts. Capriciousness: * Re Manisty’s Settlement [1974]; Principle: Templeman J stated, ‘the mere width of a power cannot make it impossible for trustees to perform their duty nor prevent the court from determining whether the trustees are in breach’. However, a power (also assumed a discretionary trust) will fail if it is ‘capricious’. ‘Capricious’: Where the terms ‘negative any sensible intention on the part of  the settlor’ such that the objects constitute, ‘an accidental conglomeration of persons who have no discernible link with the settlor or any institution’. The specific problem here is not to do with the breadth of the class definition or the no. of people who fall within it, but rather with who these people are and why the settlor picked them. The idea is that the settlor should have a good reason for choosing the objects, for if the class appears to be arbitrarily defined then the trustees will not be able to pick between them on any sensible basis when it comes to distribution. Evidential difficulty will not cause the trust to fail – we only need to known the maximum number of Bs. * IRC v. Broadway Cottages Trust [1955]; A full list of Bs must be able to be created if the T is required to divide the fund into equal shares. All the Bs must be able to be identified because, if the total number is not known, the fund cannot be divided. Evidential difficulty will not cause the trust to fail – we only need to known the maximum number of Bs. * E. g. S establishes a trust for L for life, remainder to her children in equal shares. â€Å"The trustees shall apply the net income of the fund in making in their absolute discretion grants to or for the benefit of any of the officers and employees of the company or to any relatives or dependants of any such persons in such amounts †¦Ã¢â‚¬  Test: * McPhail v. Doulton (Re Baden’s Trust No. 1) [1971]; Facts: Settlor set up a fund for ‘the benefit of employees of his co. and their relatives and dependants’ at the ‘absolute discretion’ of the Ts. Issue: H of L had to decide: a) whether this was a trust or a power; and b) the appropriate test for the certainty of objects requirement. Decision: Held unanimously that this was a discretionary trust. 3:2 regarding the test: + Lord Wilberforce gave the leading judgment of the majority – 1. Held complete list approach of IRC v. Broadway Cottages Trust was overruled in the case of discretionary trusts. 2. Test for certainty of objects in discretionary trusts is same as test for fiduciary powers in Re Gulbenkian’s Settlement, namely whether it could be said with certainty that any given individual is or is not a member of the class. 3. Even where meaning of words used is clear, definition of Bs may be so hopelessly wide as not to form ‘anything like a class’, so that the trust is administratively unworkable (see below). Proposition does not apply to powers, where the courts can primarily determine whether a power is valid and, if so, whether an exercise is within its scope. Principle: Need conceptual certainty, but not evidential certainty. Applying the test in McPhail v. Doulton: * Re Baden’s Trust (No. 2) [1973]; Issue. Whether the groups ‘relatives’ and ‘dependents’ satisfied the new test – i. e.  could it be said with certainty that any given individual is or is not a member of these classes? Decision: CA held that only if a class of beneficiaries is conceptually certain will it be possible to satisfy the test of whether it can be said with certainty that an individual is in class. NB. The same test of certainty of objects, as applied to fiduciary powers, also applies to discretionary trusts. What is ‘conceptual certainty’? Has been described as ‘linguistic or semantic certainty’; must be able to define group clearly. Gifts subject to condition precedent do not require the same degree of conceptual certainty. Uncertainty in the general definition of the condition will not cause the gift to fail provided that the beneficiary can prove that, on any view, he or she satisfies the condition. * Re Barlow’s WT [1979]; Facts: Testatrix provided that a number of her paintings could be sold at a reduced price to ‘any members of my family and any friends of mine’. ‘Friends’ defines the class of objects. Issue: Whether the condition precedent (i. e. that they be family members or friends) rendered the gift void for uncertainty. Decision: Court upheld the gift. Whereas the objects of a discretionary trust must be conceptually certain, a condition precedent will be valid if at least one person can be said to satisfy the condition. Analysis: In a gift to a class, as the objects are only entitled to a share of the property, it is vital to be able to say whether any given individual is or is not a member of the class. However, in this case, the ‘family and friends’ were each given an individual opportunity to purchase the paintings. This is not a problem here because you do not need to divide up the entire fund equally so you do not need to know the max no.  of friends, or what ‘friend’ actually means. Therefore, a greater degree of uncertainty satisfied this condition and did not affect the opportunity they received. = While a gift to ‘friends’ may be valid as a gift subject to a condition precedent, a discretionary trust for ‘friends’ will be void for uncertainty, as it is impossible to define friends so that it could be said that any individual is or is not within the class. Distinguishing conceptual uncertainty from evidential uncertainty ‘Conceptual uncertainty’ – Relates to the certainty of the class. Makes a trust void. ‘Evidential uncertainty’ – Relates to the issue of whether an individual can be found or proven to be a member of the class or not. Will not defeat a trust. * Re Baden’s Trust (No. 2); Issue: All judges agreed that ‘dependants’ was conceptually certain, and that ‘relatives’ was too but their reasoning concerning the latter differed: + Sachs LJ: Liberal approach Began by defining ‘relatives’ to mean ‘descendants of a common ancestor’. Argued this was conceptually certain because it was clearly understandable. Stated Ts have a fiduciary obligation to survey the range of possible Bs. This involves the Ts gaining a sense of the general width of the class – it does not require an exhaustive list. Beyond that survey, anyone who can prove that they are a member of the class can be included. Held that the McPhail test only required conceptual certainty; ‘the court is never defeated by evidential uncertainty’. Where the facts leave us unsure as to whether a person meets the definition, that person is to be treated as not falling within the class. ‘If it is not proved, then he is not in it’. ‘Don’t knows’ are ‘nos’. Allows Sachs LJ to say the McPhail trust is valid even if ‘relatives’ was to be understood as ‘descendants from a common ancestor’. The fact that it will not always be possible to prove that any given individual is not a member of a class will not render the trust void. + Megaw LJ: Middle ground Argued that a class would be conceptually certain if it could be said with certainty that a substantial no. of objects fell within the class, even if there were a substantial no. of others of whom it could not definitely be said that they were within or without the class. Was willing to tolerate a class of ‘don’t knows’. He concluded that were it otherwise, and we had to answer ‘yes’ or ‘no’ to everyone then we would be back in the list system which had been clearly rejected in McPhail. He did not agree with Sachs that evidential uncertainty was irrelevant though; there comes a point where, if the number of ‘don’t knows’ is substantial enough and evidential uncertainty is widespread, then the trust must fail. He upheld the trust. + Fox: Megaw’s approach is doubtful because the T still has a prior duty to survey the potential class of objections; they can’t just give money to the first person they find. So the ‘substantial no. of people’ does not fit with the nature of the survey. + Stamp LJ: Strict approach. Took the literal ‘is or is not’ McPhail approach. He regarded it as necessary that there be both a clear definition of class and sufficient factual info. A class of ‘don’t knows’ is not allowed. Stamp LJ declared the discretionary trust valid on the basis that the court could always determine who was a dependant and ‘relative’ because this could be legitimately restricted to ‘next of kin’. + McDonald: Like the list system. Undermines the liberal implications of McPhail. = Still unresolved now. Read Emery (1982) 98 LQR 551. Curing conceptual uncertainty: Where a class as defined by the settlor is, or runs the risk of being held to be, conceptually uncertain, and hence fatal to the validity of the trust, it is not uncommon for the settlor to attempt to rescue the trust from uncertainty and invalidity by stipulating that uncertainties are to be resolved conclusively by a named third party. * Re Tuck’s Settlement Trusts [1978]; Facts: Settlor created a trust in favour of future baronets, provided they be married to a wife who is ‘of Jewish blood’ and who ‘continues to worship according to the Jewish faith. ’ Settlor further provided that, where this was in doubt, ‘the decision of the Chief Rabbi in London either of the Portuguese or Anglo German community†¦shall be conclusive’. Issue: Was the trust void for uncertainty because of the inherent ambiguity in the references to Jewish blood and the Jewish faith? Decision: Lord Denning MR held that the Chief Rabbi provision was effective to resolve a conceptual uncertainty in these terms. Eveleigh LJ’s reasoning rests on the narrower ground that there was no conceptual uncertainty because the settlor was ‘in effect saying that his definition of â€Å"Jewish faith† is the same as the Chief Rabbi’s definition’ (conceptually certain). Issue: What if that question is batted off to a third party and they come up with an untenable answer? There are grounds for review. Lord Denning mentions these in Re Tuck – so long as the determination made by the third party is not ‘wholly unreasonable’ and it is ‘made in good faith’ – that is ok. Problems: Perhaps we the best approach is to ask whether we think it feasible for the stipulated third party to be able to resolve these difficulties. * Are all conceptually uncertain terms curable in this way? The third party may not be able to form an opinion on which of the different meanings of a term was intended by the settlor. Some concepts are so ambiguous that, even if you were to limit the enquiry to one person’s conception of the term, there would still be uncertainty. E. g. Tall, attractive and intelligent are unlikely to be concrete conceptions. One can argue that the distinction between cases in which the third party is called on to resolve conceptual uncertainty in a definition, and cases in which the third party’s opinion forms part of that definition so as to avoid uncertainty, is overly fine. The courts have, at least on occasion, rescued a definition from conceptual uncertainty by interpreting it in such a way as to make its meaning clear (Re Gulbenkian’s Settlements, Lord Upjohn). * Re Gulbenkian’s Settlements Facts: The objects of the power included all those with whom a named individual had been ‘residing’. Lord Reid argued that this was uncertain – ‘it is often difficult in a particular case to determine whether temporary sojourn amounts to ‘residence’. Decision: Held that such difficulties could be overcome and that, if necessary, the court could determine whether an individual matched the description A similar exercise is evident in Re Baden’s Trusts (No. 2) where the court held that ‘dependants’ was sufficiently certain. Sometimes the inherent imprecision in the terms themselves are underplayed by the court; i. e. Sachs LJ in Re Baden (No. 2). Administrative unworkability: A trust may be void where it is so wide that the trust would be administratively unworkable. At the end of Lord Wilberforce’s judgment in McPhail v Doulton he implies that even where the ‘is or is not’ test is passed, the trust will fail if it is ‘administratively unworkable’. What did Lord Wilberforce mean? Suggestions: * Settlor must make it clear not just who falls within the class of objects but also on the basis on which the trustees and/or court are to choose between them when it comes to distributing the trust fund. Without such info they don’t know who should get what. Problem: Cases accept (although mostly implicitly) that there is no requirement that the settlor lay down the proper basis for distribution. He may leave it to the trustees to formulate their own criteria for selection. * It concerns the size of the class – if the class is too wide then it will fail. Gets superficial support from Lord Wilberforce’s example of a trust for all the residents of Greater London, although context suggests differently. Problem: Difficult to see why a large class of beneficiaries should in itself render a trust impossible to administer. * Re Hay’s; Megarry VC indicated that, had he not already held the discretionary trust void on other grounds, he would have held it void as being administratively unworkable. * R v. District Auditor No. 3 [1986]; Facts: The CC sought to create a discretionary trust whereby the trust fund of ? 400,000 was to be applied for certain purposes, ‘for the benefit of any or all or some of the inhabitants of the county of West Yorkshire. Consequences of uncertainty/administrative unworkability * If there is no certainty of intention then whoever has legal title to the relevant property keeps it beneficially. E. g. If S transfers property to T and it cannot be proved that S intended T to hold that property on trust, there is an outright transfer to T, who is then free to use the property as he likes. * If there is uncertainty of subject matter or objects then, if the settlor sought to create the trust by declaring himself trustee, no trust arises and the settlor remains absolutely entitled to the property. If he sought to create the trust by transferring the property to another, T, for him to hold on trust, then uncertainty of subject matter or objects results in T holding that property on resulting trust for S. * Assuming the other two certainties are present, in any case where there is uncertainty of objects, the T cannot take beneficially, but will hold the trust property on a resulting trust for the settlor, or, where the trust arises under a will, for the persons entitled to the residue.