Hedlund, Richard and Rhodes, Amber Lavinia (2018) Loan or commercial trust? The continuing mischief of the Quistclose trust. Conveyancer and Property Lawyer . ISSN 0010-8200
 | There is a more recent version of this item available. |
| Documents |
| ||||
![[img]](http://eprints.lincoln.ac.uk/style/images/fileicons/application_msword.png) |
Microsoft Word
R Hedlund, AL Rhodes, 'Loan or Commercial Trust- The Continuing Mischief of the Quistclose Trust' - V2.docx - Whole Document Restricted to Repository staff only 54kB |
| Item Type: | Article |
|---|---|
| Item Status: | Live Archive |
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 |
Available Versions of this Item
- Loan or commercial trust? The continuing mischief of the Quistclose trust. (deposited 16 Jun 2017 07:59) [Currently Displayed]
Repository Staff Only: item control page