The Law of Tracing

The Law of Tracing

by Lionel D. Smith

Hardcover

$235.00
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Overview

The law of tracing is a complex subject which is often neglected 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. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.

Product Details

ISBN-13: 9780198260707
Publisher: Oxford University Press
Publication date: 10/09/1997
Pages: 448
Product dimensions: 6.30(w) x 9.30(h) x 1.10(d)
Lexile: 1420L (what's this?)

Table of Contents

Chapter 1
I. Introduction
II. Following, Tracing and Claiming
III. Motives for Tracing
IV. Swollen Assets: Claiming Without Tracing
V. Terminology
Chapter 2
I. Introduction
II. Following Into Mixtures
III. The End of Following Through The Destruction of the Subject Matter
Chapter 3
I. What Do we Trace?
II. Prerequisites to the Exercise of Tracing
III. Follow or Trace?
Chapter 4
I. Characteristics of Clean Substitutions
II. The Role of Intention
III. Some Specific Cases
IV. Quantifying The Traced Value in a New Form
Chapter 5: TRACING RULES II MIXED SUBSTITUTIONS
I. General Principles
II. Mixed Substitutions and Physical Mixtures: Solutions by Analogy
III. Tracing Into and Out of Bank Accounts
IV. Tracing Into and Out of Other Mixtures of Indistinguishable Intangible Assets
V. Tracing into Insurance Proceeds
VI. Set-off
VII. Services and Physical Alterations
Chapter 6: TRACING RULES III SPECIAL PROBLEMS
I. Tracing in Transit
II. Proving Substitutions
III. Foreign Elements
Chapter 7
Conclusion

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