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Full-Text Articles in Legal History
The Political Use Of Private Benevolence: The Statute Of Charitable Uses, James J. Fishman
The Political Use Of Private Benevolence: The Statute Of Charitable Uses, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
This article examines the circumstances that led to the passage of the Statute of Charitable Uses of 1601, whose preamble unintentionally created a definition charity that resonates in the law today. The Statute was part of a legislative package of poor laws passed by Parliament to deal with an economic and political crisis that threatened the Tudor regime. The Statute’s primary purpose was to provide a mechanism to make trustees accountable for the appropriate administration of charitable assets, which in turn would encourage increased private charity for the relief of poverty, lessoning the tax burden of poor relief. Certain charitable …
Joseph Baxendale, James J. Fishman
Joseph Baxendale, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
The defendant in the great case of Hadley v. Baxendale is Joseph Baxendale, managing partner of Pickford and Co., the common carrier that delayed the delivery of the Hadley's shaft. Baxendale was named the defendant, because Pickfords was a partnership and did not incorporate until 1901. Joseph Baxendale was born in 1785, the son of a Lancastershire surgeon. In 1806, he moved to London, where he worked for a wholesale linen draper. Later, he became a partner in that firm, and developed the managerial and accounting skills that would serve him so well at Pickfords.