Contract holding theory

An outright gift to the members as JTs subject to their own contractual obligations. Issue: Dissolution of unincorporated associations - When an unincorporated association dissolves, problems arise as to the ownership of any surplus funds.

Unlike an incorporated company, an unincorporated association possesses no legal personality, it cannot be separate and distinct from its individual members, and so cannot be afforded the same rights and liabilities entitled to an independent person. The purchaser of a ticket may have the motive of aiding the cause or he may not Cases and Commentary on Trusts and Equitable Remedies 12th edn.

There has been suggested by writers Hayton and Mitchellthat non-charitable purpose trusts held in unincorporated association should have an enforcer who will be able to take charge of the trust.

However, the contractual analysis approach is not without its flaws either.

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This, Simon Gardner has noted, hints at a return to the case by case, 'eclectic', approach previously favoured by the courts. In such instances, the courts can choose to hold the property on a resulting trust for the donors ; or give the property to the Crown as bona vacantia.

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The Contract Holding Theory and Unincorporated Associations.