Judgment-Proofing Voluntary Sector Organisations from Liability in Tort

(2020) 6 Canadian Journal of Comparative and Contemporary Law

24 Pages Posted: 4 Aug 2020

See all articles by Phillip Morgan

Phillip Morgan

University of York - York Law School

Date Written: November 11, 2019

Abstract

Voluntary sector organisations (VSOs) may use ordinary principles of law to protect themselves from tort liabilities by rendering themselves judgment-proof. There are two viable judgment-proofing systems available to VSOs: (1) charitable purpose trusts, and (2) group structures. Whilst these systems are not fool-proof, they offer significant protection from tort liabilities. However, judgment-proofing may come at a high price to the voluntary sector.

Keywords: Voluntary Sector, Charities, Charity law, Non-profits, Tort, Torts, Company law, judgment proofing

Suggested Citation

Morgan, Phillip, Judgment-Proofing Voluntary Sector Organisations from Liability in Tort (November 11, 2019). (2020) 6 Canadian Journal of Comparative and Contemporary Law , Available at SSRN: https://ssrn.com/abstract=3645989

Phillip Morgan (Contact Author)

University of York - York Law School ( email )

University of York
Heslington, York YO10
United Kingdom

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