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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tort, charity, property, legal history
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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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103-416-023
(Last edited on
2005/05/17 08:11:26 GMT-6)
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SPONSOR(S):
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ABSTRACT:
In the early 19th century common law courts crafted special rules limiting the tort liability of charities or the exigibility of their property to pay for their tort liability. 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, it keeps recurring in legal argument and case law. This paper traces the history of the doctrine in England, Canada and the United States, demonstrates how the doctrine limits the liability of charitable enterprises or their assets, and shows how the doctrine has been almost universally rejected in these countries.
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