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Tracing – McMahon Legal Guide
https://mcmahonsolicitors.ie/tracing/#:~:text=Tracing%201%20General.%20Tracing%20is%20an%20equitable%20remedy,Nature%20of%20Remedy.%20...%208%20Defences%2F%20Limits.%20
Equitable remedy - Wikipedia
https://en.wikipedia.org/wiki/Equitable_remedy
What Is an Equitable Remedy? Everything You Need to …
https://www.upcounsel.com/what-is-a-equitable-remedy
Equitable Remedy Instead of imposing a fine, equitable remedy is when the court orders the defendant to complete a contract as originally agreed. This step is taken when payment alone is not sufficient to make up for damages. Equitable relief can also be offered if legal damages are not available.
The Law of Tracing | Expert insights | Alston Asquith
https://www.alstonasquith.com/insights/the-law-of-tracing/
The tracing process is undertaken in accordance with the principles considered in the foregoing paragraphs; and, Having identified the asset which is to be the subject matter of the claim, the claimant will seek to impose a trust or some other equitable remedy over that asset.
Tracing – McMahon Legal Guide
https://mcmahonsolicitors.ie/tracing/
However, tracing in the equitable sense refers to a remedy which allows the claimant to assert equitable proprietary rights in the assets representing his claimant’s asset. It allows the assertion of property rights against substituted property. Tracing may involve honest, but the mistaken use of another’s funds, fraudulent misappropriation.
Tracing (law) - Wikipedia
https://en.wikipedia.org/wiki/Tracing_(law)
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
Principles of Tracing - Kornfeld LLP
https://kornfeldllp.com/2021/06/principles-of-tracing/
Tracing is ancillary to equitable, common law and statutory remedies, including constructive trusts, equitable liens or charges and orders relating to fraudulent conveyances. Complexities may arise in tracing claims into a fund or assets to which there are competing claims.
Constructive Trust Remedy and Tracing | Disinherited
https://disinherited.com/equitable-claims/constructive-trust-remedy-tracing/
[230] In B.C. Teachers Credit Union, Mr. Justice Bouck granted an equitable lien to the plaintiff whose funds in the amount of $45,000 were stolen by a Mr. Smith who then used nearly all of those funds to purchase property in the name of a related person (the defendant) in …
EQUITY AND TRUSTS 2.5 REMEDIES FOR BREACH OF …
https://isochukwu.com/2017/12/30/equity-and-trusts-2-5-remedies-for-breach-of-trust/
Tracing at equity. There must be a fiduciary relationship between the beneficiary and the trustee or third party with the property- Re Diplock. In Re Hallet’s Estate, fiduciary relationship was construed where it was her solicitor that also managed her estate. The beneficiary should show that he has proprietary interest in the property.
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/
Moreover, the fiduciary requirement should be removed in order to make equitable tracing if both sets of rules are to be unified. 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.
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