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This article explains Quistclose trusts and their significance in commercial transactions, highlighting legal developments.
A Quistclose trust is a trust that operates by operation of law in commercial transactions, which can be of particular significance to lenders or transferors of property seeking remedies after a failed transaction. This article considers the concept of a Quistclose trust and its development in case law and looks at the elements necessary to establish a Quistclose trust and how the trust operates in practice.
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Weaver et al. (2025) studied this question.
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