The Wider Ambit of the Quistclose Doctrine
Journal of Equity | LexisNexis | Published : 2015
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.