Law of Tracing

Name: Law of Tracing
Price: 174.27 USD
Availability: InStock
ISBN: 9780198260707

ISBN-10: 0198260709

ISBN-13: 9780198260707

Edition: 1996

Authors: Lionel D. Smith

List price: $245.00

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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.

Book details

List price: $245.00
Copyright year: 1996
Publisher: Oxford University Press, Incorporated
Publication date: 10/9/1997
Binding: Hardcover
Pages: 396
Size: 6.14" wide x 9.21" long x 1.06" tall
Weight: 1.760
Language: English

James McGill Professor of Law, Faculty of Law and Institute of Comparative Law, McGill University.







Introduction



Following, Tracing and Claiming



Motives for Tracing



Swollen Assets: Claiming Without Tracing



Terminology






Introduction



Following Into Mixtures



The End of Following Through The Destruction of the Subject Matter






What Do we Trace?



Prerequisites to the Exercise of Tracing



Follow or Trace?






Characteristics of Clean Substitutions



The Role of Intention



Some Specific Cases



Quantifying The Traced Value in a New Form



Tracing Rules II Mixed Substitutions



General Principles



Mixed Substitutions and Physical Mixtures: Solutions by Analogy



Tracing Into and Out of Bank Accounts



Tracing Into and Out of Other Mixtures of Indistinguishable Intangible Assets



Tracing into Insurance Proceeds



Set-off



Services and Physical Alterations



Tracing Rules III Special Problems



Tracing in Transit



Proving Substitutions



Foreign Elements





Conclusion