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Tracing (law) - Wikipedia
https://en.wikipedia.org/wiki/Tracing_(law)#:~:text=%20The%20common%20defences%20to%20an%20equitable%20tracing,always%2C%20by%20an%20innocent%20third%20party%29%20More%20
DEFENCES TO TRACING CLAIMS - Alastair Hudson
http://www.alastairhudson.com/trustslaw/defencestracing.doc
Under English law at present there are a number of defences to a tracing claim: change of position, passing on, estoppel by representation and bona purchaser for value without notice. The cases seem to be pulling in different directions: some towards restitution of unjust enrichment, others towards general equitable principles (principally based on estoppel).
Defences Tracing | Restitution | Estoppel - Scribd
https://www.scribd.com/document/386234774/Defences-Tracing
Under English law at present there are a number of defences to a tracing claim: change of position, passing on, estoppel by representation and bona purchaser for value without notice. The cases seem to be pulling in different directions: some towards restitution of unjust enrichment, others towards general equitable principles (principally based on estoppel).
Tracing (law) - Wikipedia
https://en.wikipedia.org/wiki/Tracing_(law)
Tracing | Digestible Notes
https://www.digestiblenotes.com/law/trusts/tracing.php
It is a pre-requisite for an equitable tracing claim that the the claimant had some equitable interest in the original property, or that the person who transferred the property away had some fiduciary relationship to the claimant (such as being a trustee) ... ⇒ This defence will be available to a defendant who has received property and, on ...
Defenses to a Breach of Contract Claim | Nolo
https://www.nolo.com/legal-encyclopedia/defenses-breach-of-contract-claim-33338.html
master:2022-04-13_09-33-18. In a contract dispute over a breach of contract, you should raise as many legal defenses as possible, including "affirmative defenses." It's usually not enough to simply deny legal wrongdoing; you must respond with every plausible argument that justifies your position. And, if you don't raise defenses in the early stages of a breach of contract lawsuit, you …
Tracing The Loss of the Right to Trace - ChBA
https://www.chba.org.uk/for-members/library/overseas-seminars/1b-tracing
word “defences” presupposes that tracing is itself a claim. 1.3 The proposition that tracing amounts to a claim would appear to be no longer sustainable. The corrective analysis was provided by Lord Millett in the following well-known passage at page 128D of Foskett v McKeown [2001] 1 AC 102: “Tracing is thus neither a claim nor a remedy.
State defences to investment claims arising from COVID-19
https://www.dlapiper.com/en/us/insights/publications/2020/04/state-defences-to-investment-claims-arising-from-covid-19/
Of the six defenses recognized by the ILC Articles, the most likely grounds to be invoked in relation to COVID-19 related claims are: force majeure (Article 23); distress (Article 24), and. necessity (Article 25). The law on necessity is relatively well-developed in the context of investment claims, having been a core defense of the Republic of ...
Claims Handling – A Best Practices Guide
https://www.prismrisk.gov/services/risk-control/toolbox/best-practices-library/liability/claims-handling-policy/
It is important that the claim be distributed immediately for handling since starting an investigation is crucial and the . California Government Tort Code. puts specific timelines for response to claims that are untimely or insufficient. Failure to meet these code requirements can result in a loss of defense based on timeliness or sufficiency.
Tracing question and answer - Tracing General issues ... - StuDocu
https://www.studocu.com/en-gb/document/university-of-nottingham/law-of-trusts/tracing-question-and-answer/14174038
The only defences available are acquiescence and that available for a bona fide purchase for value without notice. The law in this area needs reform so it is clear when tracing is available. Equitable tracing remedies. If tracing is possible either an ownership interest or a security interest (lien or charge) may be available.
Choosing remedies in tracing claims - Alastair Hudson
http://www.alastairhudson.com/trustslaw/Remediestracing.pdf
Aside from the loss of the right to trace, remedies in relation to tracing claims will typically include: the establishment of a resulting trust; the establishment of a constructive trust; the establishment of an equitable charge; and subrogation. Having considered the nature of the tracing process, it is important to consider the types
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