Oppenheim v Tobacco Securities Trust
1950 · [1951] AC 297
Posted By lanbuk.com
- Facts
- A was set up to educate the children of employees of a group of companies, which had over 110,000 employees.
- Issue
- Was it for the public benefit?
- Held
- No. The House of Lords held that a class defined by a personal nexus, such as a common employer, is not a section of the public.
- Principle
- A must benefit the public or a sufficient section of it, and a personal nexus fails.
- Why it matters
- It is the leading case on public benefit, though poverty trusts are an exception.
Words and Latin in this note
- Charitable trust
- A trust for a purpose the law treats as charitable, such as relief of poverty, education or religion, that benefits the public. It is enforced by the Attorney-General. Open the note.
- Trust
- An arrangement in which a trustee holds property at law but must use it for beneficiaries, or for a charitable purpose. The beneficiaries have the equitable interest. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.