Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


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


ISBN13: 9780198813408
Published: March 2018
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £105.00



Low stock.

Also available as

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.

Subjects:
Equity and Trusts, Restitution
Contents:
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