The Law of tracing / Jordan English, Mohammud Jaamae Hafeez-Baig; foreword by Andrew Bell.

Alexandria, N.S.W. : The Federation Press, 2021.

1st edition

199011

Skip tracing -- Law and legislation.

Commercial law.

Personal property.

Restitution.

1. What Is tracing?

2. Why does tracing create new rights?

3. The case against common law tracing

4. Common law tracing rules

5. Pre-requisites to tracing in equity

6. Equitable tracing rules

7. Equitable tracing - hard cases

8. Bars to tracing.

The law of tracing determines when one right stands in place of another for the purposes of certain personal or proprietary claims. It is an important part of the law of property and trusts, and the law of remedies. This book aims to provide a comprehensive account of the law of tracing. It offers clear answers to fundamental questions such as “what is tracing?” and “does tracing create new rights?”, while also explaining in detail the tracing rules and the application of those rules in hard cases. The book provides a complete treatment of the law in Australia and England. In explaining the law, the book also engages with a number of controversies that have arisen as a result of recent cases and academic work. Each issue is analysed from first principles and from authority, making the book a useful tool for anyone advising on cases involving tracing, teaching the law of tracing, or wishing to better understand the subject. - Publisher's website.

Includes bibliographical references and index.

9781760023065

xxi, 290 pages ; 25 cm