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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.
List of contents
- 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
About the author
Aruna Nair is a Lecturer in Property Law at King's College London
Summary
In this new book Aruna Nair sets out her arguments for a re-evaluation of the law of tracing. In this model the rules of tracing do not merely resolve factual uncertainties but also define the scope of a defendant's substantive legal responsibility to a claimant.
Additional text
Nair updates the field by organizing tracing around the central idea of substitution, focusing her theoretical inquiry first on what substitution actually is, and then more practically proving why it has taken place in the context of claims to traceable proceeds.
Report
Both books are interesting, thought provoking and extremely cogently argued. They are welcome additions to the stellar Oxford University press tracing collection. Andreas Televantos, The Cambridge Law Journal [Reviewed with The Law of Tracing in Commercial Transactions by Magda Raczynska]
