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.
By:
Mohammud Jaamae Hafeez-Baig, Jordan English Country of Publication: Australia ISBN:9781760023065 ISBN 10: 176002306X Publication Date:20 July 2021 Audience:
Professional and scholarly
,
Professional and scholarly
,
Undergraduate
,
Undergraduate
Format:Hardback Publisher's Status: Active
Chapter 1 - What Is Tracing? Chapter 2 - Why Does Tracing Create New Rights? Chapter 3 - The Case Against Common Law Tracing Chapter 4 - Common Law Tracing Rules Chapter 5 - Pre-requisites to Equitable Tracing Chapter 6 - Equitable Tracing Rules Chapter 7 - Equitable Tracing - Hard Cases Chapter 8 - Bars to Tracing