Subjects:

Equity and Trusts

Contents:

Print On Demand

Chapter 1

I. Introduction

II. Following, Tracing and Claiming

III. Motives for Tracing

IV. Swollen Assets: Claiming Without Tracing

V. Terminology

Chapter 2

I. Introduction

II. Following Into Mixtures

III. The End of Following Through The Destruction of the Subject Matter

Chapter 3

I. What Do we Trace?

II. Prerequisites to the Exercise of Tracing

III. Follow or Trace?

Chapter 4

I. Characteristics of Clean Substitutions

II. The Role of Intention

III. Some Specific Cases

IV. Quantifying The Traced Value in a New Form

Chapter 5: TRACING RULES II MIXED SUBSTITUTIONS

I. General Principles

II. Mixed Substitutions and Physical Mixtures: Solutions by Analogy

III. Tracing Into and Out of Bank Accounts

IV. Tracing Into and Out of Other Mixtures of Indistinguishable Intangible Assets

V. Tracing into Insurance Proceeds

VI. Set-off

VII. Services and Physical Alterations

Chapter 6: TRACING RULES III SPECIAL PROBLEMS

I. Tracing in Transit

II. Proving Substitutions

III. Foreign Elements

Chapter 7

Conclusion

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 intitial 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 detail.