The Law of Tracing

The book provides a complete treatment of the law in Australia and England. In explaining the law, the book also engages with a number of controversies that have arisen as a result of recent cases and academic work.

Author: Jordan English

Publisher:

ISBN: 9781760023065

Category: Assets (Accounting)

Page: 0

View: 122

"The Law of Tracing determines when one right stands in place of another for the purposes of certain personal or proprietary claims. It is an important part of the law of property and trusts, and the law of remedies. This book aims to provide a comprehensive account of the law of tracing. It offers clear answers to fundamental questions such as "what is tracing" and "does tracing create new rights?", while also explaining in detail the tracing rules and the application of those rules in hard cases. The book provides a complete treatment of the law in Australia and England. In explaining the law, the book also engages with a number of controversies that have arisen as a result of recent cases and academic work. Each issue is analysed from first principles and from authority, making the book a useful tool for anyone advising on cases involving tracing, teaching the law of tracing, or wishing to better understand the subject." --

The Law of Tracing

Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.

Author: Lionel D. Smith

Publisher: Clarendon Press

ISBN: 0191587036

Category: Law

Page: 396

View: 842

The law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to 'launder' the initial asset. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.


The Law of Tracing in Commercial Transactions

This book explains the nature and structure of key interests in property in commercial transactions and analyses the incidence of proprietary claims available to holders of different interests in assets.

Author: Magda Raczynska

Publisher: Oxford University Press, USA

ISBN: 9780198796138

Category: Law

Page: 304

View: 764

A pressing problem often facing commercial practitioners is how to determine the principle which would dictate when a proprietary claim is available and when it is not. This book explains the nature and structure of key interests in property in commercial transactions and analyses the incidence of proprietary claims available to holders of different interests in assets. 0This book is the first to approach the topic of tracing and derived assets in commercial transactions on a principled basis. It subjects an area of little authority and general academic comment to rigorous and detailed analysis. It contains treatment of the relevant case law and discussion of points that have yet to come up in litigation in England and abroad. By way of comparison, it considers salient aspects of the relevant rules under Article 9 of the US Uniform Commercial Code. The book is timely in light of the current debate on the shape of the law reform of secured transactions in England and elsewhere.

Cases and Materials on the Law of Restitution

S Evans, 'Rethinking Tracing and the Law of Restitution' (1999) 115 LQR 469, 471–2 ... Whatever the historical confusion about the nature ofthe tracing process, in practical terms the law of tracing has traditionally been regarded as ...

Author: Andrew S. Burrows

Publisher: Oxford University Press, USA

ISBN: 9780199296514

Category: Law

Page: 1045

View: 461

Cases and Materials on the Law of Restitution is an authoritative and scholarly guide written by leading experts who have shaped and defined the law of restitution and unjust enrichment. Extensive coverage of cases and academic perspectives provides a rounded view of the subject. Introductions, notes, and questions enable readers to check their understanding of key issues. The second edition of this seminal title covers many important new cases and academic publications, including Birk's 'absence of basis' approach. The coverage reflects the continuing debates on questions such as: * what is an enrichment? * was the enrichment at the claimant's expense? * what is the role of tracing? * when will proprietary restitution be granted? * when does change of position operate as a defence? * and does corrective justice underpin this area of the law? The book's structure has been updated to reflect the judicial development of the law of restitution, providinga map through this complex subject. This book is invaluable for undergraduate, postgraduate, and doctoral students, as well as academics working in the area.

Moffat s Trusts Law

But it must not be assumed that common law tracing, although usually now of less practical relevance, is in all respects inferior. For example, it does not depend, unlike its equitable counterpart, on the presence of a fiduciary ...

Author: Jonathan Garton

Publisher: Cambridge University Press

ISBN: 1108796443

Category: Law

Page: 1080

View: 251

Combines authoritative commentary and unique contextual analysis to explain the general principles of trusts and their practical operation.

Law of Tracing in Commercial Transactions

This book explains the nature and structure of key interests in property in commercial transactions and analyses the incidence of proprietary claims available to holders of different interests in assets.

Author: Raczynska Magda

Publisher:

ISBN: 9780192521859

Category:

Page:

View: 852

A pressing problem often facing commercial practitioners is how to determine the principle which would dictate when a proprietary claim is available and when it is not. This book explains the nature and structure of key interests in property in commercial transactions and analyses the incidence of proprietary claims available to holders of different interests in assets. The book starts by identifying the structure of those interests which the author terms "lesser proprietary interests", comprising security interests and interests based on retention of title in contracts of sale of goods, hire-purchase agreements, and leases, thereby contributing to the understanding of concepts which are traditionally used to explain this area of law such as bailment and fiduciary relationship. Using this framework, the book examines the circumstances in which the interestsare lost and the extent to which proprietary claims can be asserted in assets that derive from the original subject matter, that is proceeds, products and income, as well as in accretions. It examines these claims at three levels: first, as a matter of default rules in the absence of misappropriationof the original subject matter; secondly, as a matter of contract, considering the limits of contractual freedom; and thirdly, in circumstances in which the original subject matter has been misappropriated. This book is the first to approach the topic of tracing and derived assets in commercial transactions on a principled basis. It subjects an area of little authority and general academic comment to rigorous and detailed analysis. It contains treatment of the relevant case law and discussion of points that have yet to come up in litigation in England and abroad. By way of comparison, it considers salient aspects of the relevant rules under Article 9 of the US Uniform Commercial Code. The book istimely in light of the current debate on the shape of the law reform of secured transactions in England and elsewhere.

Asset Tracing Recovery

In these terms , the Netherlands may be considered friendly to asset tracing as such . The common law concept of tracing , under which concept a victim of fraud may trace his proprietary e . g . priority rights against the fraudster ...

Author: Bernd H. Klose

Publisher: Erich Schmidt Verlag GmbH & Co KG

ISBN: 9783503116607

Category: Collecting of accounts

Page: 1166

View: 495

Globalization has given criminals an unlimited number of possibilities especially in offshore areas to hide deprived assets. International experts of FraudNet deliver comprehensive and crucial knowledge about the possibilities of asset tracing and recovery, including: an introduction to the methods of fraud; international available remedies; supranational legal sources; basics of asset tracing and recovery in common law and civil law; respective national laws, regulations and proceedings of over 40 countries -- Back cover.

Principles of the English Law of Obligations

If each link in a chain of substitutions had to be proved by evidence, the chain would often break after the first or second exchange. However, it is saved from so easily breaking by the rules of tracing.618 Tracing ...

Author:

Publisher: Oxford University Press, USA

ISBN: 0198746237

Category: Contracts

Page: 400

View: 512

Principles of the English Law of Obligations provides students with a high-quality overview of this key area of English law. Drawing together updated chapters from the third edition of English Private Law, the subjects covered include contract, tort and equitable wrongs, unjust enrichment, and remedies. Written by a team of acknowledged experts, the chapters give a clear, simple, and accurate overview of the guiding principles and rules of the English law of obligations, including contract and tort, which are compulsory subjects for law degrees and on professional courses. Whether looking for an accessible, conceptual introduction to the area or a handy revision reference, students will find this book invaluable.