The cy pres doctrine (or the see-pray doctrine) is a legal concept in the United States that is used when specific outcomes of a contract or settlement are impossible to achieve. Instead of following through on the literal intent of the contract, the cy pres doctrine allows the courts to find a suitable alternative method of satisfying what was originally intended.
Origins of the Cy Pres Doctrine
This doctrine is derived from an old English equitable principle, which allowed the court to intervene when a party to a contract requests for the court to make a judgment. This form of intervention has become quite popular in recent years, with the rise of technology and the growing need for protecting the interests of all involved in a transaction.
Modern Examples of the Cy Pres Doctrine in Action
Today, the cy pres doctrine is commonly used in cases involving charitable organizations, trusts, class actions, and settlements where the money involved cannot be divided in a manner that meets the needs of every individual. Some commonly discussed examples of this doctrine include the Google Books settlement and the Viacom class action lawsuit.
The Impact of the Cy Pres Doctrine
The use of the cy pres doctrine enables those involved in transactions to receive the outcomes they have agreed upon, even when achieving literal results are not possible. By recognizing the original agreement and creating a new avenue for its execution, the courts can preserve the intended goals of the parties, while ensuring justice is served.