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TRACING IN THE AGE OF RESTITUTION
https://www.unswlawjournal.unsw.edu.au/wp-content/uploads/2017/09/26-2-7.pdf
Although the doctrine of tracing has a role in relation to restitution in general, the term, as it is more commonly used, is concerned with the vindication of property rights rather than the reversal of unjust enrichment. In contrast, though restitution may involve property, this is not an essential element for relief. In this
The Future of Restitution and Equity in the ... - Harvard …
https://harvardlawreview.org/2020/04/the-future-of-restitution-and-equity-in-the-distribution-of-funds-recovered-from-ponzi-schemes-and-other-multi-victim-frauds/
The law of restitution presumes that, for tracing purposes at least, an individual spends down all the funds to which he is entitled prior to spending the funds to which he is not. 21× 21. See Cunningham v. Brown, 265 U.S. 1, 12 (1924) (citing Knatchbull v. Hallett [1879] 41 LT 186 (Ch) at X (Eng.)).
Restitution, Tracing, and Change of Position - ResearchGate
https://www.researchgate.net/publication/228236894_Restitution_Tracing_and_Change_of_Position
Recently, there has been a number of important decisions relating to the law of restitution. Discover the world's research. ... “Tracing and Three …
The Law of Restitution - LawTeacher.net
https://www.lawteacher.net/free-law-essays/restitution-law/the-law-of-restitution.php
New stuff (Lionel Smith, 27 Jul 1999)
https://www.stevehedley.com/restitution/rdg/9907005.htm
Simon Evans, "Rethinking Tracing and the Law of Restitution" Aedit Abdullah and Tey Tsung Hang, "To Make the Remedy Fit the Wrong" (note on Cadbury Schweppes Inc. v. FBI Foods (1998) 167 DLR (4th) 577 (SCC)) Rory J White, "Restitution and the Doctrine of Ultra Vires" (note on Guinness Mahon Ltd. v. Kensington & Chelsea RLBC [1998] QB 215)) ...
(PDF) Tracing and Three-Party Restitution - ResearchGate
https://www.researchgate.net/publication/228249124_Tracing_and_Three-Party_Restitution
The writer argues that tracing claims, whether at law or in equity, are restitutionary in nature, and a restitutionary framework can be used to rationalise this area of the law.
The Law of Tracing | Expert insights | Alston Asquith
https://www.alstonasquith.com/insights/the-law-of-tracing/
The Law of Tracing. The law of tracing is possibly one of the most complex legal topics, which many have struggled to reconcile with age-old legal principles. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to conceal the initial asset.
English Law of Restitution - LawTeacher.net
https://www.lawteacher.net/free-law-essays/restitution-law/english-law-of-restitution.php
The law of restitution is rooted in the concept of restoring gains, which would result in unjust enrichment of the defendant. Accordingly, the central objective of restitution is to remove from a defendant the accruing of increased wealth or benefit, which the law prescribes that the defendant is not being entitled to .
The basis of liability - Property, unjust enrichment and restitution
https://1library.net/article/basis-liability-property-unjust-enrichment-restitution.yee7270y
5; S. Evans, “Rethinking Tracing and the Law o f Restitution” (1999) 115 L.Q.R. 469. 13 For the full version of this argument, see chapter 4, text to nn. 20-30.
(E) THE FUTURE OF THE TRACING RULES - The principles of the …
https://ebrary.net/106322/law/future_tracing_rules
Although the orthodox approach to the law of tracing treats the tracing rules at Law and Equity as distinct, there are growing calls for their assimilation. Some commentators have asserted that the rules have always been assimilated and there is some indication from the case law that this view is shared by some members of the judiciary. 496 497 Although the rules have not yet been …
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