Journal article

The Wider Ambit of the Quistclose Doctrine

Ying Liew

Journal of Equity | LexisNexis | Published : 2015

Abstract

The Quistclose doctrine has largely been applied conservatively in English law. On a proper analysis, however, it has a wider basis than commonly presupposed. The Quistclose doctrine is better understood when it is recognised that that doctrine and the doctrine in Rochefoucauld v Boustead share the same basis: both doctrines respond to the same legally causative events and yield similar legal responses. This renewed analysis resolves many of the main deficiencies in our current understanding of the Quistclose doctrine, and illuminates the principle underlying the two doctrines.

University of Melbourne Researchers