The Law of Tracing

Hardcover | July 1, 1997

byLionel D. Smith

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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.

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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...

Lionel D. Smith is Fellow at St. Hugh's College in Oxford.

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Format:HardcoverDimensions:396 pages, 9.21 × 6.14 × 1.06 inPublished:July 1, 1997Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0198260709

ISBN - 13:9780198260707

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Table of Contents

Chapter 1I. IntroductionII. Following, Tracing and ClaimingIII. Motives for TracingIV. Swollen Assets: Claiming Without TracingV. TerminologyChapter 2I. IntroductionII. Following Into MixturesIII. The End of Following Through The Destruction of the Subject MatterChapter 3I. What Do we Trace?II. Prerequisites to the Exercise of TracingIII. Follow or Trace?Chapter 4I. Characteristics of Clean SubstitutionsII. The Role of IntentionIII. Some Specific CasesIV. Quantifying The Traced Value in a New FormChapter 5: TRACING RULES II MIXED SUBSTITUTIONSI. General PrinciplesII. Mixed Substitutions and Physical Mixtures: Solutions by AnalogyIII. Tracing Into and Out of Bank AccountsIV. Tracing Into and Out of Other Mixtures of Indistinguishable Intangible AssetsV. Tracing into Insurance ProceedsVI. Set-offVII. Services and Physical AlterationsChapter 6: TRACING RULES III SPECIAL PROBLEMSI. Tracing in TransitII. Proving SubstitutionsIII. Foreign ElementsChapter 7Conclusion

Editorial Reviews

`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 subjectmatter. 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 ... Thebook 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.