Claims to Traceable Proceeds: Law, Equity, and the Control of Assets

Name: Claims to Traceable Proceeds: Law, Equity, and the Control of Assets
Brand: Oxford University Press
SKU: 9780198813408
Price: 14630.0 INR
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by Aruna Nair

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ISBN13: 9780198813408
Binding: Hardcover
Subject: N/A
Publisher: Oxford University Press
Publisher Imprint: Oxford University Press
Publication Date: May 8, 2018
Pages: 246
Original Price: USD 140.0
Language: English
Edition: N/A
Item Weight: 540 grams
BISAC Subject(s): Commercial / International Trade

About The Book

In this new book, Aruna Nair sets out her arguments for a re-evaluation of the law of tracing. A new model of the law of tracing is proposed and the book demonstrates how current problems can be solved using this new model.

The rules of tracing are not shown not to be pure rules of evidence, aimed at resolving factual uncertainties; rather, they are explained as substantive rules of law, delineating the scope of a defendant's legal responsibility to a claimant. The book draws out the practical implications of this theoretical model, showing how a focus on defendant autonomy and claimant vulnerability can both explain the current state of English law and provide a critical perspective on potential future developments.

The first part of the book considers the nature of tracing, providing an overview of the analytical and doctrinal questions raised by the current law, re-framing the dominant 'value' account of tracing, and proposing a new model which can solve problems in the current law. The second part of the book focusses on circumstances in which the tracing remedy is available to a claimant, demonstrating the practical application of such claims to specific problems.

About The Author

Aruna Nair, Lecturer in Property Law, King's College London

Aruna Nair is a Lecturer in Property Law at King's College London

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