Judicial Alterations of Textual Provisions: <i>Cy Pres</i> and Relatives

Kent Greenawalt

in Legal Interpretation

Published in print November 2010 | ISBN: 9780199756131
Published online January 2011 | e-ISBN: 9780199855292 | DOI:
Judicial Alterations of Textual Provisions: Cy Pres and Relatives

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This chapter examines judicial responses to claims that conditions have changed radically from the time that a text was written. These exercises bear some resemblance to an agent's decision whether he should depart from a principal's specific instructions if doing so will better serve the principal's overall purposes within the scope of the agent's responsibility. The chapter focuses on instances when courts acknowledge they are going beyond interpretation of controlling terms and they explicitly authorize consequences different from those provided for in the privately created texts they are considering. The chapter's main emphasis is on cy pres in the law of charitable trusts, but it also covers efforts to alter restrictive covenants on real property and to escape obligations because the purposes of contracts have been frustrated or their performance has become impossible or impractical.

Keywords: contract law; property law; cy pres; charitable trusts; judicial responses

Chapter.  13684 words. 

Subjects: Jurisprudence and Philosophy of Law

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