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Tracing (Chapter 20) - A Student's Guide to Equity and Trusts
https://www.cambridge.org/core/books/students-guide-to-equity-and-trusts/tracing/C5965B8C039957100B1A2D6E11F29B62#:~:text=tracing%20at%20common%20law%20is%20based%20on%20legal,relationship%20and%20an%20equitable%20interest%20in%20the%20property%3B
Common Law and Equity: The Differences Between The …
https://gradesfixer.com/free-essay-examples/common-law-and-equity-the-differences-between-the-rules-of-tracing/
Differences at Common Law and Equity: The main reason for two sets of rules for Tracing is mainly the distinction of rules at common law and in equity historically. Lord Greene explained the difference as a materialistic approach of the common law and a metaphysical approach under equity (Re Diplock 1948). Tracing at common law in respect of the property …
The Law of Tracing | Expert insights | Alston Asquith
https://www.alstonasquith.com/insights/the-law-of-tracing/
Common law and equitable tracing As long as the distinction between tracing at common law and tracing in equity persists, common law tracing cannot be used to identify assets to be the subject of an equitable claim and equitable tracing cannot be used identify assets to be the subject of a common-law claim.
Just Follow The Money: Tracing at common law and equity
https://bridgelawsolicitors.co.uk/just-follow-the-money-tracing-at-common-law-and-equity/
Tracing essay - The rules on common law and equitable tracing
https://www.studocu.com/en-gb/document/brunel-university-london/trusts/tracing-essay/7958745
Common law tracing requires a person to have a legal title. So it is unavailable to beneficiary of a trust. This is a limitation as the only person who could use common law tracing in a situation where a trustee is in breach is another trustee. Equity …
(E) THE FUTURE OF THE TRACING RULES - The principles of the …
https://ebrary.net/106322/law/future_tracing_rules
There is thus no sense in maintaining different rules of tracing at law and in equity. One set of tracing rules is enough... There is certainly no logical justification for allowing any distinction between them to produce capricious results in cases of mixed substitutions by insisting on the existence of a fiduciary relationship as a precondition for applying equity’s tracing rules.
Tracing in English law - Wikipedia
https://en.wikipedia.org/wiki/Tracing_in_English_law
For equitable tracing to be valid, several things must be demonstrated. First, the equitable title must exist; it can be brought into existence by the courts, such as in Constructive trusts. Secondly, there must be some kind of fiduciary relationship between the claimant and the defendant.
Tracing – McMahon Legal Guide
https://mcmahonsolicitors.ie/tracing/
Common law tracing is available while the asset retains its identity. Tracing in equity is more flexible and allows for a change in form of the asset. For example, when funds are mixed, the courts may allow tracing on an equitable basis. The equitable remedy is not available as of right or is at the court’s discretion.
UNDERSTANDING TRACING RULES
http://classic.austlii.edu.au/au/journals/QUTLawRw/2016/9.pdf
UNDERSTANDING TRACING RULES THE HON J EDELMAN* This year is the 200th anniversary of one of the leading decisions concerning the law of tracing in equity. Celebrations have not been widely held. Two centuries after this decision, the rules of tracing in equity remain very difficult to understand and very difficult to justify.
Tracing | Digestible Notes
https://www.digestiblenotes.com/law/trusts/tracing.php
⇒ Equity can also trace money through electronic fund transfers, whereas common law cannot: see Agip (Africa) v Jackson [1991] Requirements to trace in equity ⇒ The claim must be based on a pre-existing fiduciary relationship
Tracing (Chapter 20) - A Student's Guide to Equity and …
https://www.cambridge.org/core/books/students-guide-to-equity-and-trusts/tracing/C5965B8C039957100B1A2D6E11F29B62
tracing at common law ceases where funds become mixed unless the asset can be separated from the whole; tracing in equity allows tracing into mixed funds; in order to trace in equity the claimant must prove a fiduciary relationship and an equitable interest in the property;
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