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The Law of Tracing - Lionel D. Smith

Hardcover Published: 1st July 1997
ISBN: 9780198260707
Number Of Pages: 396

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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.

a book on the highly challenging area of the law of tracing is necessary and welcome...an intelligent work, peppered with relvant and helpful examples, serving to illustrate the doctrine of tracing from its historical roots to the modern day...The text is to be commended for its comparative approach...a useful addition to the practitioner's shelves. `outstanding monography ... it is a masterpiece which proves that traditional common law scholarship is not only alive and well, but moreover, is extremely useful to students, academics and practitioners ... The book is much more than the exposition of jurisprudence pertaining to the subject matter. Rather, the author goes much beyond providing a detailed and accurate description of case law. The principal strength of the work is the critical and thorough analysis of case law against underlying general principles that this case law has purported but often failed to implement ... The book is well researched and ably presented ... this is an excellent book. It is a first class piece of doctrinal scholarship ... The book is of great use to the student, practitioner, and academic.' Benjamin Geva, Banking and Finance Law Review 14.

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

ISBN: 9780198260707
ISBN-10: 0198260709
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 396
Published: 1st July 1997
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 24.4 x 16.3  x 2.7
Weight (kg): 0.8