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Tracing (law) - Wikipedia
https://en.m.wikipedia.org/wiki/Tracing_(law)#:~:text=Technical%20aspects%201%20Equitable%20tracing%20requires%20a%20fiduciary,volunteer.%205%20As%20a%20remedy%20for%20unjust%20enrichment.
Tracing Equity | Texas Law Review
https://texaslawreview.org/tracing-equity/
Equitable Realization uses tracing principles to allocate a firm’s value between asset-based and firm-based claimants and to preserve that allocation over time. First, it fixes the relative positions of secured and unsecured claims when a bankruptcy petition is filed.
Tracing | Digestible Notes
https://www.digestiblenotes.com/law/trusts/tracing.php
Tracing in Equity Introduction ⇒ If the claimant is able to establish property was transferred in breach of a fiduciary duty they will be able to use equitable tracing → this allows the claimant to trace through mixed funds; and to take the increase in value of any assets bought with the funds.
EQUITY, Tracing Flashcards | Quizlet
https://quizlet.com/207331211/equity-tracing-flash-cards/
You trace value of your own equitable property claim. you follow actual property Hendy v Lennox You can follow equitable property as long as it's distinct Indian oil Corp When mixture of fungible trust property with innocent volunteer's fungible property, pari passu rule proportional share of the mixture for each other Foskett v McKeon
(D) TRACING IN EQUITY - The principles of the law of restitution
https://ebrary.net/106317/law/tracing_equity
(D) TRACING IN EQUITY The main advantage of tracing in Equity is that it will not be defeated by the irretrievable mixing of property. [1] This difference in approach between Law and Equity has been expressed in terms that the Common Law views property as physical assets, whereas Equity is able to view property metaphysically. [2]
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