Hedlund, Richard and Rhodes, Amber Lavinia (2017) Loan or commercial trust? The continuing mischief of the Quistclose trust. Conveyancer and Property Lawyer (4). pp. 254-268. ISSN 0010-8200
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Item Type: | Article |
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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 |
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Subjects: | M Law > M220 Private Law M Law > M221 Business and Commercial Law |
Divisions: | College of Social Science > Lincoln Law School |
Related URLs: | |
ID Code: | 29940 |
Deposited On: | 27 Feb 2018 13:02 |
Available Versions of this Item
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Loan or commercial trust? The continuing mischief of the Quistclose trust. (deposited 16 Jun 2017 07:59)
- Loan or commercial trust? The continuing mischief of the Quistclose trust. (deposited 27 Feb 2018 13:02) [Currently Displayed]
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