Claims to Traceable Proceeds

In this new book Aruna Nair sets out her arguments for a re-evaluation of the law of tracing. In this model the rules of tracing do not merely resolve factual uncertainties but also define the scope of a defendant's substantive legal responsibility to a claimant.

Nair updates the field by organizing tracing around the central idea of substitution, focusing her theoretical inquiry first on what substitution actually is, and then more practically proving why it has taken place in the context of claims to traceable proceeds.

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

Contenu

• 1: The Peculiarities of Tracing

• 2: Value and Other Metaphors: Tracing, Claiming, and Following

• 3: The Principles of Tracing

• 4: Rules of Tracing I: Against a Wrongdoer

• 5: Rules of Tracing II: Innocent Co-Contributors

• 6: Property Rights, Fiduciary Duties, and the Control of Assets

• 7: Control of Assets in Equity

• 8: Control of Assets at Law