Subsequent failures are where money has already been applied to a charitable purpose, and that purpose has failed.
Initial failure cases, however, require not just a decision on whether the purpose has failed, but also on whether the funds should be subject to cy-près or returned to the estate in a resulting trust.
Trusts where the doctrine is applicable are divided into two groups; those with subsequent failure, where the trust's purpose has failed after it came into operation, and initial failure, where the trust's purposes are immediately invalid.
After all, if the objective is to merely redefine the poverty line, and provide a low food ration entitlement to the needy, it looks to be simply an effort to revamp the existing public distribution system (PDS), which for all practical purposes has failed to deliver food to those who are in dire need.
The doctrine originated in ecclesiastical law, the name coming as a contraction of the Norman French cy pres comme possible (as close as possible), and is typically used where the original purpose of the charity has failed, and results in the trust purpose being altered to the nearest realistic alternative.
If you are unable to determine your association's financial health and status from reports provided to you, however late, the reports have failed their material purpose and your board has failed to meet its obligation under the law.
A representative of the organisation declined to speculate on how the money was spent, except that it was not for the intended purpose, and the government has failed to honour requests to return the money.
"Whenever any state has held an election for the purpose of choosing electors and has failed to make a choice on the day prescribed by law," the law reads, "the electors may be appointed on a subsequent day in such a manner as the Legislature of such state may direct".
"Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct," the law says.
"To date, self-regulation for the purposes of consumer privacy protection has failed," Mr. Rockefeller wrote.
"This policy has failed in its purpose of attracting investment in new power stations.
