|
Charitable immunity is a legal doctrine which holds that a charitable organization is not liable under tort law. It originated in 19th-century Great Britain.〔(【引用サイトリンク】 How the Push for Religious Accommodation Can Go Too Far: Two Important Recent Examples )〕〔(【引用サイトリンク】 Christian Brothers of Ireland in Canada - Charitable Immunity )〕 ==History== The early form of charitable immunity in England did not provide immunity from suit; it only protected segregated funds held in a recognized equitable trust for the organization.〔Feoffees of Heriot’s Hosp. V. Ross'', 8 Eng Rep 1508 (1846) (discussed in ''Callopy v. Newark Eye & Ear Infirmary'', 141 A.2d at 278).〕 In ''Heriot's Hospital'', plaintiff Ross brought an action against a charitable trust which had been established for a home for fatherless boys, contending that he had been excluded from the home even though he was fatherless and otherwise qualified for the charitable benefits. By the time his case was determined, Ross was too old for admission, and the question was whether he was entitled to damages from the trust funds. The House of Lords held that he was not. In the House of Lords, Lord Cottenham, ''in dictum'', pronounced that an award of damages out of a trust fund "would not be to apply it to those objects which the author of the fund had in view, but would be to divert it to a completely different purpose". ''Heriot's Hospital'' was not a tort claim and did not address the issue whether a charity is liable to those whom it has wrongfully injured. ''Heriot's Hospital'' repeated an earlier dictum from Lord Cottenham in ''Duncan v. Findlater'', 6 Cl. & Fin. 894 (1839), which decided, unremarkably, that highway trustees, under a public road act, were not liable for the negligence of independent contractors. A blanket waiver from suit for charities did not exist anywhere at common law until it was adopted in England in 1861.〔See, Holliday v. St. Leonard, Shoreditch'', 142 Eng Rep 769 (1861) (discussed in ''Callopy'').〕 Moreover, the concept of immunity had no sooner crept into English law than it was decisively repudiated. By 1866, the dictum of ''Duncan v. Findlater'' (and by implication that of ''Heriot's Hospital'') was overruled by ''Mersey Docks Trustees v. Gibbs'', LR 1 HL 93, 11 Eng Rep 1500 (1866).〔''Georgetown College v. Hughes'', 130 F.2d 810, 816-17 (1942) (discussing history of doctrine).〕 Between the 1940s and 1992, almost every state in the United States had abrogated or limited the charitable immunity doctrine. The doctrine has also been abandoned in Britain and Canada.〔 184 D.L.R. (4th) 445, Ontario Court of Appeal, Court File No. C29290, Doherty, Abella and Feldman JJ.A., Heard: April 14, 1999, Judgment rendered: April 10, 2000〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「charitable immunity」の詳細全文を読む スポンサード リンク
|