‘Quistclose trusts are incapable of being reconciled with orthodox trusts principle in a coherent way. The recognition of such trusts may have been thought to be commercially expedient for policy reasons, but they should now be abolished.’ To what extent do you agree?

Quistclose trusts

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‘Quistclose trusts are incapable of being reconciled with orthodox trusts principle in a coherent way. The recognition of such trusts may have been thought to be commercially expedient for policy reasons, but they should now be abolished.’

To what extent do you agree?

Answer all parts of the question, critical analysis is a must. The different trust principles it does or does not align with? Does it do so coherently? Was it actually commercially expedient? Should it be abolished?

When discussing trust principles mention specifically express trusts, resulting trusts, and constructive trusts. Mention the central argument in the introduction.

Please make the essay as nuanced as possible. Pinpoint Oscola referencing. Use names of commentators and academics in the essay.

 

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