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Claims to Traceable Proceeds - Law, Equity, and the Control of Assets (Hardcover)
Loot Price: R3,393
Discovery Miles 33 930
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Claims to Traceable Proceeds - Law, Equity, and the Control of Assets (Hardcover)
Expected to ship within 12 - 17 working days
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Total price: R3,413
Discovery Miles: 34 130
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In this new book, Aruna Nair sets out her arguments for a
re-evaluation of the law of tracing. A new model of the law of
tracing is proposed and the book demonstrates how current problems
can be solved using this new model. The rules of tracing are not
shown not to be pure rules of evidence, aimed at resolving factual
uncertainties; rather, they are explained as substantive rules of
law, delineating the scope of a defendant's legal responsibility to
a claimant. The book draws out the practical implications of this
theoretical model, showing how a focus on defendant autonomy and
claimant vulnerability can both explain the current state of
English law and provide a critical perspective on potential future
developments. The first part of the book considers the nature of
tracing, providing an overview of the analytical and doctrinal
questions raised by the current law, re-framing the dominant
'value' account of tracing, and proposing a new model which can
solve problems in the current law. The second part of the book
focusses on circumstances in which the tracing remedy is available
to a claimant, demonstrating the practical application of such
claims to specific problems.
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