Loan or commercial trust? The continuing mischief of the Quistclose trust

Hedlund, Richard and Rhodes, Amber Lavinia (2017) Loan or commercial trust? The continuing mischief of the Quistclose trust. Conveyancer and Property Lawyer . ISSN 0010-8200

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R Hedlund, AL Rhodes, 'Loan or Commercial Trust- The Continuing Mischief of the Quistclose Trust' - V2.docx

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Abstract

The article explores the continued difficulties with the Quistclose trust, and proposes that the Quistclose trust, rather than being a single entity, in fact arises in two distinct circumstances, which require different legal responses. Where a debtor is paying off specific creditors, the current legal test is suitable, but where investors are seeking to recover their money from a failed investment scheme, the law should insist that the scheme in fact was originally set up as an express trust.

Keywords:Quistclose trust, Commercial trusts, Equity
Subjects:M Law > M220 Private Law
M Law > M221 Business and Commercial Law
Divisions:College of Social Science > Lincoln Law School
ID Code:27659
Deposited On:16 Jun 2017 07:59

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