The Short Life and Long After Life of Charitable Immunity in the Common Law
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CONTRIBUTORS:
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JOURNAL:
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Canadian Bar Review,
82(2),
315 -
357.
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YEAR:
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2003
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PUB TYPE:
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Journal Article
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SUBJECT(S):
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Torts, Trusts, Charity
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DISCIPLINE:
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Law
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HTTP:
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LANGUAGE:
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English
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PUB ID:
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103-416-021
(Last edited on
2005/05/17 07:48:24 GMT-6)
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SPONSOR(S):
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ABSTRACT:
For a brief period the common law granted special protection to charitable enterprises or their assets from tort claims. This is the doctrine of charitable immunity. Though the doctrine was abolished in England and most other common law jurisdictions in the middle of the 19th century, aspects of the doctrine keep returning to the law in disguised form. This paper explains the history of the doctrine and how the law keeps rejecting it, though often after considerable debate.
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