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The Quistclose Trust - Critical Essays (Hardcover, Uk Ed.)
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The Quistclose Trust - Critical Essays (Hardcover, Uk Ed.)
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The so-called Quistclose trust probably represents the single most
important application of equitable principles in commercial life.
(Lord Millett in the foreword to this book). The decision of the
House of Lords in Twinsectra v Yardley has refocused attention on
the Quistclose trust. Although accepted by insolvency lawyers as a
convenient tool for corporate rescue, the precise basis of the
trust has always been in doubt. The purpose of these essays is to
explore the foundations of the trust and subject them to a
searching analysis. Contributors: Robert Stevens (Oxford), 'Rolls
Razor Ltd'; William Swadling (Oxford), 'Orthodoxy'; James Penner
(LSE), 'Lord Millett's Analysis'; Lionel Smith (McGill),
'Understanding the Power'; Robert Chambers (Alberta),'Restrictions
on the Use of Money'; Peter Birks (Oxford),'Retrieving Tied Money';
Ewan McKendrick (Oxford), 'Commerce'; Robert Stevens (Oxford),
'Insolvency'; George Gretton (Edinburgh),'Scotland'.
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