The law of tracing is a complex subject which is often neglected in works on property, equity, commercial law, and restitution. 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 launder the initial asset. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.
Chapter 1 I. Introduction II. Following, Tracing and Claiming III. Motives for Tracing IV. Swollen Assets: Claiming Without Tracing V. Terminology Chapter 2 I. Introduction II. Following Into Mixtures III. The End of Following Through The Destruction of the Subject Matter Chapter 3 I. What Do we Trace? II. Prerequisites to the Exercise of Tracing III. Follow or Trace? Chapter 4 I. Characteristics of Clean Substitutions II. The Role of Intention III. Some Specific Cases IV. Quantifying The Traced Value in a New Form Chapter 5: TRACING RULES II MIXED SUBSTITUTIONS I. General Principles II. Mixed Substitutions and Physical Mixtures: Solutions by Analogy III. Tracing Into and Out of Bank Accounts IV. Tracing Into and Out of Other Mixtures of Indistinguishable Intangible Assets V. Tracing into Insurance Proceeds VI. Set-off VII. Services and Physical Alterations Chapter 6: TRACING RULES III SPECIAL PROBLEMS I. Tracing in Transit II. Proving Substitutions III. Foreign Elements Chapter 7 Conclusion