Claims to Traceable Proceeds: Law, Equity, and the Control of Assets
Claims to Traceable Proceeds: Law, Equity, and the Control of Assets
Cite
Abstract
This book explains the rational basis of the law of tracing, and why and when English law makes claims to traceable proceeds available. Tracing enables a claimant to make a proprietary claim to an asset acquired by a defendant from a third party, on the grounds that that asset represents the ‘traceable proceeds’ of another asset that belonged to the claimant. The book argues that the rules that allow this connection between assets to be established—the rules of tracing—aim to strike a balance between preserving the autonomy of defendants in making decisions to acquire or retain assets and preventing them from exploiting their power to deprive claimants of rights by such decisions. This account of tracing explains its historical development and its application in modern contexts. It also explains the availability of claims to traceable proceeds: an exploitation of power, of the kind that tracing is concerned with, can take place only in the context of a prior relationship of ‘control of assets’, whereby one person has a legal power to vary the legal rights of another with respect to some assignable right, owes that other a duty in respect of the exercise of that power, and is able to validly exercise the legal power in breach of that duty. These relationships, which exist both at law and equity, overlap with the categories of ‘fiduciary duties’ or ‘property rights’, but share additional and distinctive characteristics that justify the availability of tracing.
-
Front Matter
-
1
The Peculiarities of Tracing
-
2
Value and Other Metaphors: Tracing, Claiming, and Following
-
3
The Principles of Tracing
-
4
Rules of Tracing I: Against a Wrongdoer
-
5
Rules of Tracing II: Innocent Co-Contributors
-
6
Property Rights, Fiduciary Duties, and the Control of Assets
-
7
Control of Assets in Equity
-
8
Control of Assets at Law
-
End Matter
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 4 |
October 2022 | 4 |
October 2022 | 3 |
October 2022 | 5 |
October 2022 | 6 |
October 2022 | 4 |
October 2022 | 4 |
October 2022 | 3 |
October 2022 | 6 |
October 2022 | 1 |
October 2022 | 4 |
October 2022 | 3 |
October 2022 | 4 |
November 2022 | 6 |
November 2022 | 7 |
November 2022 | 11 |
November 2022 | 6 |
November 2022 | 8 |
November 2022 | 3 |
November 2022 | 9 |
November 2022 | 6 |
November 2022 | 2 |
November 2022 | 3 |
November 2022 | 4 |
November 2022 | 1 |
December 2022 | 1 |
December 2022 | 1 |
December 2022 | 4 |
December 2022 | 6 |
December 2022 | 3 |
December 2022 | 1 |
January 2023 | 1 |
January 2023 | 2 |
January 2023 | 7 |
January 2023 | 1 |
January 2023 | 5 |
February 2023 | 2 |
February 2023 | 14 |
February 2023 | 1 |
February 2023 | 4 |
February 2023 | 1 |
February 2023 | 7 |
February 2023 | 11 |
February 2023 | 13 |
March 2023 | 8 |
March 2023 | 27 |
March 2023 | 7 |
March 2023 | 15 |
March 2023 | 9 |
March 2023 | 9 |
March 2023 | 21 |
March 2023 | 2 |
March 2023 | 6 |
March 2023 | 25 |
March 2023 | 11 |
March 2023 | 3 |
March 2023 | 2 |
April 2023 | 4 |
April 2023 | 2 |
April 2023 | 44 |
April 2023 | 1 |
April 2023 | 3 |
April 2023 | 13 |
April 2023 | 21 |
April 2023 | 26 |
April 2023 | 2 |
April 2023 | 13 |
April 2023 | 15 |
April 2023 | 2 |
April 2023 | 2 |
May 2023 | 2 |
May 2023 | 12 |
May 2023 | 1 |
May 2023 | 10 |
May 2023 | 2 |
May 2023 | 19 |
May 2023 | 7 |
May 2023 | 1 |
May 2023 | 3 |
May 2023 | 27 |
May 2023 | 1 |
June 2023 | 4 |
June 2023 | 8 |
June 2023 | 2 |
June 2023 | 2 |
June 2023 | 1 |
June 2023 | 5 |
June 2023 | 8 |
June 2023 | 8 |
June 2023 | 1 |
June 2023 | 3 |
June 2023 | 8 |
June 2023 | 3 |
July 2023 | 4 |
July 2023 | 6 |
July 2023 | 2 |
July 2023 | 5 |
July 2023 | 6 |
July 2023 | 4 |
July 2023 | 2 |
July 2023 | 8 |
July 2023 | 1 |
July 2023 | 6 |
July 2023 | 7 |
August 2023 | 6 |
August 2023 | 5 |
August 2023 | 1 |
August 2023 | 8 |
August 2023 | 4 |
August 2023 | 6 |
August 2023 | 5 |
August 2023 | 3 |
August 2023 | 5 |
August 2023 | 4 |
September 2023 | 1 |
September 2023 | 1 |
September 2023 | 2 |
September 2023 | 3 |
October 2023 | 1 |
October 2023 | 2 |
October 2023 | 1 |
October 2023 | 1 |
October 2023 | 2 |
November 2023 | 7 |
November 2023 | 19 |
November 2023 | 4 |
November 2023 | 25 |
November 2023 | 8 |
November 2023 | 10 |
November 2023 | 1 |
November 2023 | 26 |
November 2023 | 3 |
November 2023 | 16 |
November 2023 | 3 |
November 2023 | 27 |
December 2023 | 4 |
December 2023 | 1 |
December 2023 | 1 |
December 2023 | 1 |
December 2023 | 2 |
December 2023 | 2 |
December 2023 | 1 |
December 2023 | 1 |
January 2024 | 3 |
January 2024 | 2 |
January 2024 | 3 |
January 2024 | 3 |
January 2024 | 5 |
January 2024 | 5 |
January 2024 | 3 |
January 2024 | 3 |
January 2024 | 11 |
January 2024 | 2 |
January 2024 | 3 |
February 2024 | 2 |
February 2024 | 14 |
February 2024 | 2 |
February 2024 | 3 |
February 2024 | 4 |
February 2024 | 7 |
February 2024 | 3 |
February 2024 | 6 |
March 2024 | 10 |
March 2024 | 14 |
March 2024 | 10 |
March 2024 | 6 |
March 2024 | 8 |
March 2024 | 5 |
March 2024 | 15 |
March 2024 | 9 |
March 2024 | 1 |
March 2024 | 38 |
April 2024 | 1 |
April 2024 | 33 |
April 2024 | 3 |
April 2024 | 2 |
April 2024 | 4 |
April 2024 | 15 |
April 2024 | 1 |
April 2024 | 14 |
April 2024 | 1 |
April 2024 | 14 |
May 2024 | 7 |
May 2024 | 10 |
May 2024 | 3 |
May 2024 | 8 |
May 2024 | 4 |
May 2024 | 1 |
May 2024 | 6 |
May 2024 | 14 |
May 2024 | 3 |
May 2024 | 5 |
May 2024 | 16 |
May 2024 | 10 |
May 2024 | 2 |
June 2024 | 4 |
June 2024 | 6 |
June 2024 | 1 |
June 2024 | 4 |
June 2024 | 12 |
June 2024 | 6 |
June 2024 | 4 |
June 2024 | 1 |
June 2024 | 6 |
June 2024 | 1 |
June 2024 | 1 |
June 2024 | 1 |
July 2024 | 3 |
July 2024 | 5 |
July 2024 | 3 |
July 2024 | 2 |
July 2024 | 8 |
July 2024 | 4 |
July 2024 | 3 |
July 2024 | 7 |
July 2024 | 4 |
July 2024 | 2 |
July 2024 | 14 |
July 2024 | 6 |
July 2024 | 3 |
August 2024 | 2 |
August 2024 | 5 |
August 2024 | 2 |
August 2024 | 1 |
August 2024 | 2 |
August 2024 | 2 |
August 2024 | 3 |
August 2024 | 2 |
August 2024 | 2 |
August 2024 | 2 |
August 2024 | 2 |
August 2024 | 2 |
August 2024 | 2 |
September 2024 | 1 |
October 2024 | 2 |
October 2024 | 3 |
October 2024 | 3 |
October 2024 | 7 |
October 2024 | 10 |
October 2024 | 1 |
October 2024 | 5 |
November 2024 | 11 |
November 2024 | 9 |
November 2024 | 2 |
November 2024 | 10 |
November 2024 | 26 |
November 2024 | 31 |
November 2024 | 4 |
November 2024 | 3 |
November 2024 | 24 |
November 2024 | 17 |
November 2024 | 4 |
November 2024 | 7 |
November 2024 | 6 |
December 2024 | 8 |
December 2024 | 5 |
December 2024 | 1 |
December 2024 | 3 |
December 2024 | 6 |
December 2024 | 9 |
January 2025 | 1 |
January 2025 | 6 |
January 2025 | 2 |
January 2025 | 1 |
January 2025 | 4 |
January 2025 | 1 |
January 2025 | 2 |
January 2025 | 7 |
February 2025 | 2 |
February 2025 | 5 |
February 2025 | 3 |
February 2025 | 5 |
February 2025 | 5 |
February 2025 | 11 |
February 2025 | 2 |
February 2025 | 8 |
February 2025 | 2 |
March 2025 | 2 |
March 2025 | 14 |
March 2025 | 2 |
March 2025 | 5 |
March 2025 | 4 |
March 2025 | 6 |
March 2025 | 2 |
March 2025 | 2 |
March 2025 | 2 |
March 2025 | 13 |
April 2025 | 6 |
April 2025 | 9 |
April 2025 | 2 |
April 2025 | 5 |
April 2025 | 8 |
April 2025 | 8 |
April 2025 | 4 |
April 2025 | 3 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.