In addition, the trust must be enforceable, usually by a trust "enforcer." Without an enforcer, the trustee could freely do as he pleased without regard to the purpose, and unlike a beneficiary trust where the beneficiaries always have recourse to question the trustee, there would be no one to monitor the trust.
Thus, for the purpose to be enforceable, it would have an enforcer, either appointed by the terms of the trust or by a court.
Although a few purpose trust statutes in other jurisdictions do not require the appointment of an enforcer at the inception of the trust, in practice the trust cannot continue without an enforcer at some point; otherwise, it would not be a trust.
That is to say, it is not that there is no provision for an enforcer; it is that the enforcer is treated more like a bat boy than an umpire.
For example, the statute provides that the trust "may" provide for an enforcer, meaning that it may not, and that if no enforcer is appointed, the court "may" appoint one, again meaning that it may not.
And to confuse the matter further, the statute says that "no purpose trust may fail for want of an enforcer," apparently meaning but not saying that the court must appoint an enforcer.
Fighting is important not only in boosting an enforcer's own reputation within the league but also adding to overall team success and profitability insofar as owners use enforcers to ensure that their highly paid teammates suffer fewer injuries and have the time and the space to make the most of their abilities.
Given that an enforcer must get in fights regularly to fulfill his role, any enforcers in our sample should have fought during the previous season.
The most likely reason for an enforcer's NHL experience to affect his salary is the reputation he develops.
On the other hand, just as career points are the key measure of a skilled player's ability, penalty minutes reveal whether an enforcer is doing his job by engaging in fights and checking opponents.
Moskowitz and Wertheim (2011), for example, emphasize that an enforcer's ability to intimidate his opponents can mitigate the impact of opposing teams' star players, diminishing their ability to score goals.