The Law of Tracing

Name: The Law of Tracing
Brand: The Federation Press
SKU: 9781760023065
Availability: InStock
Author: Mohammud Jaamae Hafeez-Baig; Jordan English
ISBN: 9781760023065

Edited by Mohammud Jaamae Hafeez-Baig · Jordan English

The Federation Press September 2021

Specifications

ISBN-13: 9781760023065
Publisher: The Federation Press
Publication: September 2021
Format: Hardback
Jurisdiction: Australia ? Countri(es) for reference only

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Details

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.

1. What Is Tracing?

2. Why Does Tracing Create New Rights?

3. The Case Against Common Law Tracing

4. Common Law Tracing Rules

5. Pre-requisites To Equitable Tracing

6. Equitable Tracing Rules

7. Equitable Tracing – Hard Cases

8. Bars to Tracing

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