Eteb3

Hi

Hi Eteb3, you must mean on Ghusl? I am just a student on the subject, so I am not sure how much I can offer. I think the content is a little confusing, though. It looks like people have added some things here and there, based on their own religious background, without necessarily clarifying which practices apply to which groups. Maybe as I read some more I'll be able to do more. What do you think? Thanks for the message. Sestibel (talk) 11:18, 24 January 2010 (UTC)

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Unincorporated association

You have been a major contributor to this article and I wonder if you would mind clarifying the information it contains regarding membership. Is it acceptable for the committee members to be the only recognized members of an unincorporated association, even when others (occasional volunteers) are involved? Many thanks Obscurasky (talk) 19:50, 31 July 2022 (UTC)

It is acceptable. In common law jurisdictions (UK, US, Can, NZ, etc) the basis of the association is a contract inter se. A volunteer is by definition outside the contract, because they're given nothing for their involvement and can withdraw it at any time.

Bear in mind that contracts can arise and be varied by conduct, so if the arrangements go on a while and in fact everyone *treats them as a member*, they may thereby *become* a member of the association (or have equivalent rights). Depending on its terms, a written volunteer agreement may be able to keep this from arising, as it would act as a disclaimer by the volunteer.

This is all in theory: in practice it would all have to be litigated and that would be fearsomely expensive.

I will have a go at the article itself in due course, if no one beats me to it! Eteb3 (talk) 10:02, 19 August 2022 (UTC)

Unincorporated associations

Hi, unincorporated associations can also be partnerships, but that doesn't mean they stop being unincorporated associations (at least in England anyway). See for example section 1255(3) of the Companies Act 2006 here, which refers to "an unincorporated association (other than a partnership)". Richard75 (talk) 22:46, 24 August 2022 (UTC)

I see what you're saying. In my view that is an ultra-specialist use of the term "unincorporated association" - in common legal usage the term excludes partnerships - per Lawton J in Burrell, which is still the index case afaik. This is the meaning given to it in the specialist legal journal articles that cover it. (I can give multiple egs if desired.)

It seems to me only legislative drafters concern themselves with the wider meaning, presumably to achieve absolute legal certainty rather than because this reflects any real-world use.

An eg is in the statute Lawton J was construing: see ICTA 1970 s. 526(5), definition of company, top of page 581 of the PDF / 554 of the original. Tho I appreciate that is a fiscal rather than legal definition.

Eteb3 (talk) 12:49, 28 August 2022 (UTC)

PS I can see that strictu sensu "unincorporated association" must include a partnership, but I think the points above still stand. Eteb3 (talk) 15:01, 28 August 2022 (UTC)

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