ABSTRACT
The most significant overlap between commercial activity (as commonly understood by commercial lawyers in terms of sale of goods, loan contracts and so forth) and the law of trusts relates to taking title in goods and to the acquisition of security as part of a transaction: whether by holding property on trust or otherwise. Typically the issue is the following one: in creating a commercial contract how do the parties acquire or retain title (as appropriate) in property which is used or transferred for the purposes of that contract? This chapter considers the manner in which contract law and the law of trusts variously deal with these questions.
