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The Law Of Tracing In Commercial Transactions
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Book Synopsis The Law of Tracing in Commercial Transactions by : Magda Raczynska
Download or read book The Law of Tracing in Commercial Transactions written by Magda Raczynska and published by Oxford University Press, USA. This book was released on 2018-02 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pressing problem often facing commercial practitioners is how to determine the principle which would dictate when a proprietary claim is available and when it is not. This book explains the nature and structure of key interests in property in commercial transactions and analyses the incidence of proprietary claims available to holders of different interests in assets. 0This book is the first to approach the topic of tracing and derived assets in commercial transactions on a principled basis. It subjects an area of little authority and general academic comment to rigorous and detailed analysis. It contains treatment of the relevant case law and discussion of points that have yet to come up in litigation in England and abroad. By way of comparison, it considers salient aspects of the relevant rules under Article 9 of the US Uniform Commercial Code. The book is timely in light of the current debate on the shape of the law reform of secured transactions in England and elsewhere.
Book Synopsis Law of Tracing in Commercial Transactions by : Raczynska Magda
Download or read book Law of Tracing in Commercial Transactions written by Raczynska Magda and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A pressing problem often facing commercial practitioners is how to determine the principle which would dictate when a proprietary claim is available and when it is not. This book explains the nature and structure of key interests in property in commercial transactions and analyses the incidence of proprietary claims available to holders of different interests in assets. The book starts by identifying the structure of those interests which the author terms "lesser proprietary interests", comprising security interests and interests based on retention of title in contracts of sale of goods, hire-purchase agreements, and leases, thereby contributing to the understanding of concepts which are traditionally used to explain this area of law such as bailment and fiduciary relationship. Using this framework, the book examines the circumstances in which the interestsare lost and the extent to which proprietary claims can be asserted in assets that derive from the original subject matter, that is proceeds, products and income, as well as in accretions. It examines these claims at three levels: first, as a matter of default rules in the absence of misappropriationof the original subject matter; secondly, as a matter of contract, considering the limits of contractual freedom; and thirdly, in circumstances in which the original subject matter has been misappropriated. This book is the first to approach the topic of tracing and derived assets in commercial transactions on a principled basis. It subjects an area of little authority and general academic comment to rigorous and detailed analysis. It contains treatment of the relevant case law and discussion of points that have yet to come up in litigation in England and abroad. By way of comparison, it considers salient aspects of the relevant rules under Article 9 of the US Uniform Commercial Code. The book istimely in light of the current debate on the shape of the law reform of secured transactions in England and elsewhere.
Book Synopsis The Law of Tracing by : Lionel D. Smith
Download or read book The Law of Tracing written by Lionel D. Smith and published by Clarendon Press. This book was released on 1997-07-24 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of tracing is a complex subject which has struggled to find a home 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. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.
Book Synopsis Proprietary Interests in Commercial Transactions by : Sarah Worthington
Download or read book Proprietary Interests in Commercial Transactions written by Sarah Worthington and published by Oxford University Press. This book was released on 1996 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Worthington provides a broad overview of personal property law in a commercial context, examining the various devices used by contracting parties and attempting to distil a theoretically rigorous framework to describe the relevant laws.
Book Synopsis Commercial Law by : Richard William Hill
Download or read book Commercial Law written by Richard William Hill and published by DigiCat. This book was released on 2022-06-02 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: " Commercial Law" by Richard D. Currier is a study about the law in the United States. The Institute standard course of study in "Commercial Law" is not intended to make lawyers, but simply to impart to bankers sufficient knowledge of the law to enable them to act in accordance with established legal principles, and refer doubtful questions to a lawyer. It is not usurping the functions of a lawyer for a banker to know his legal rights and responsibilities. The banker who does not appreciate the importance of this knowledge, eventually learns from experience, sad or otherwise, that he has neglected an important part of the training necessary to carry on his business with safety and confidence. This textbook is based on the splendid work, originally prepared for the Institute, by Samuel Williston, Weld Professor of Law in Harvard Law School. To this original matter, however, much new material has been added, cases have been cited, and new chapters on Master and Servant, Estates and Trusts, Bills and Notes, and Torts and Crimes added.
Book Synopsis Commercial Transactions by : Alan Schwartz
Download or read book Commercial Transactions written by Alan Schwartz and published by . This book was released on 1982 with total page 1192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Understanding the Sources of Early Modern and Modern Commercial Law by :
Download or read book Understanding the Sources of Early Modern and Modern Commercial Law written by and published by BRILL. This book was released on 2018-03-15 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions of Understanding the Sources of Early Modern and Modern Commercial Law show an excellent assemblage of sources which historians of commercial law use. Besides normative sources, others are often needed to complement them.
Book Synopsis Making Commercial Law by : Ross Cranston
Download or read book Making Commercial Law written by Ross Cranston and published by Oxford University Press. This book was released on 1997 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edited by eminent banking law scholar Ross Cranston, this is a collection of essays written in honor of Roy Goode, the Norton Rose Professor of English Law at Oxford and highly esteemed commercial law scholar. The contributors, an international group of distinguished commercial lawyers, address topics including international contracts and sales, credit and security, and commercial arbitration. Making Commercial Law is a truly international collection that will be of great interest to scholars of commercial law worldwide, and to practitioners working in the areas of finance and international banking.
Book Synopsis Claims to Traceable Proceeds by : Aruna Nair
Download or read book Claims to Traceable Proceeds written by Aruna Nair and published by Oxford University Press, USA. This book was released on 2018-03-08 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Finally, the third part of the book considers how the tracing remedy relates to other private law remedies, and the role it plays within the law of unjust enrichment.
Book Synopsis The Law of Tracing by : Jordan English
Download or read book The Law of Tracing written by Jordan English and published by . This book was released on 2021-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Law of Tracing determines when one right stands in place of another for the purposes of certain personal or proprietary claims. It is an important part of the law of property and trusts, and the law of remedies. This book aims to provide a comprehensive account of the law of tracing. It offers clear answers to fundamental questions such as "what is tracing" and "does tracing create new rights?", while also explaining in detail the tracing rules and the application of those rules in hard cases. The book provides a complete treatment of the law in Australia and England. In explaining the law, the book also engages with a number of controversies that have arisen as a result of recent cases and academic work. Each issue is analysed from first principles and from authority, making the book a useful tool for anyone advising on cases involving tracing, teaching the law of tracing, or wishing to better understand the subject." --
Book Synopsis Equity and Trusts Law Directions by : Gary Watt
Download or read book Equity and Trusts Law Directions written by Gary Watt and published by Oxford University Press. This book was released on 2021 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Equity & Trusts Law' is an authoritative yet lively text with an emphasis on explaining clearly the key topics covered on equity and trusts courses. Rich learning features demonstrate how the law of equity and trusts is applied in the real world, and why it is such a stimulating and exciting field.
Book Synopsis The Principles of the Law of Restitution by : Graham Virgo
Download or read book The Principles of the Law of Restitution written by Graham Virgo and published by Oxford University Press. This book was released on 2024-04-25 with total page 913 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. Substantially rewritten to reflect significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject, this book is grounded in its clarity of exposition and analysis. The new edition significantly expands existing chapters on the treatment of the history of unjust enrichment, enrichment, the treatment of legally effective bases for receipt, and compulsion. It further expands existing parts on restitution for wrongs and proprietary restitutionary claims as well as offering completely new chapters dealing with 'at the claimant's expense', 'absence of intent', and the defence of illegality. Focusing primarily on English law, the volume also engages with the law in other common law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. It provides a clear exposition of complex areas of law as well as critical analysis of that law. Timely and comprehensive, this book provides readers with a crucial guide to the law of restitution and will continue to be invaluable to student, academics, and practitioners alike.
Book Synopsis The World of Maritime and Commercial Law by : C Mitchell
Download or read book The World of Maritime and Commercial Law written by C Mitchell and published by Bloomsbury Publishing. This book was released on 2020-04-30 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of 20 essays contains recent work by legal scholars, practitioners and judges, all internationally renowned for their expertise in the fields of maritime and commercial law. For maritime lawyers, the book contains absorbing and important studies of the law governing maritime collisions, carriage of goods by sea (examining the meaning of 'actual carriage' in the Hamburg Rules, and the complex web of rules that governs multimodal carriage), and marine insurance (discussing the history of the doctrine of utmost good faith, and jurisdiction clauses in cargo policies). In the area of private international law, there are chapters on the choice of law rules affecting the ownership of ships, and on recent cases where conflict of laws issues have been decided by the Privy Council. For generalist commercial lawyers, there is a wealth of scholarship on the Sale of Goods Act 1979, its provisions and scope, and on the rules of contractual interpretation, their history, content and application in commercial settings. In addition, there are chapters on negotiating damages for breach of contract, illegality, tracing misapplied funds, the application of private law rules to disputes about cryptocurrencies and developments in the law of directors' duties. Taken as a whole, the essays in this collection stand out for their breadth of scholarship, analytical power, depth of understanding, and penetrating insights even into the knottiest problems of maritime and commercial law. They are essential reading for every maritime and commercial lawyer and a fitting tribute to a scholar who has led the way in both fields for many decades.
Book Synopsis The Law of Commercial Transactions by : Chijioke C. Ohuruogu
Download or read book The Law of Commercial Transactions written by Chijioke C. Ohuruogu and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Standing in Private Law by : Timothy Liau
Download or read book Standing in Private Law written by Timothy Liau and published by Oxford University Press. This book was released on 2023-06-21 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Standing in Private Law: Powers of Enforcement in the Law of Obligations and Trusts develops the idea that we should attend more to 'standing', conceived as a power to hold another accountable before a court as a distinct private law concept. Prominent lawyers have claimed that private law does not have or need standing rules, yet this seems implausible. If private law is obligation-imposing, we need rules about who can sue on these obligations to hold their bearers accountable. This book argues that a reason why standing has been relatively overlooked and under-conceptualized, receiving meagre attention from private lawyers, is because it has been obscured from plain sight: it has been swallowed up by the more dominant and capacious concept of a 'right'. However, standing is a distinct and separable private law concept that can and should be distinguished more clearly from 'right'. Doing so is necessary for the continued rational development of private law doctrine. It is also necessary for a deeper theoretical understanding of standing's significance, and its place within the remedial apparatus of private law. This book argues that an implicit standing rule exists across the law of obligations. It examines its justifiability, and the justifiability of exceptions to the rule. It also shows how and why recognising standing's distinctiveness can help us to interpret, develop, and resolve debates within different areas of private law, including the laws of contract, torts, unjust enrichments, and relatedly, the law of trusts.
Book Synopsis Commercial Transactions by : Kristen David Adams
Download or read book Commercial Transactions written by Kristen David Adams and published by West Academic Publishing. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook makes it possible to teach the concepts of commercial law in a single semester as a cohesive whole. These materials incorporate a balance of problems and cases, supplemented with numerous graphic illustrations showing how a complex commercial transaction unfolds. They also discuss major commercial law topics from the point of view of another legal system or an international convention. Jurisprudential short features provide simple sketches of important constructs such as the Coase Theorem and the concept of the repeat player, and present social justice concerns, including those relating to racial profiling in commerce and unbanked low-income persons.
Book Synopsis Secured Transactions Law Reform by : Louise Gullifer
Download or read book Secured Transactions Law Reform written by Louise Gullifer and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secured transactions law has been subjected to a close scrutiny over the last two decades. One of the main reasons for this is the importance of availability of credit and the consequent need to reform collateral laws in order to improve access to finance. The ability to give security effectively influences not only the cost of credit but also, in some cases, whether credit will be available at all. This requires rules that are transparent and readily accessible to non-lawyers as well as rules that recognise the needs of small and medium-sized enterprises. This book critically engages with the challenges posed by inefficient secured credit laws. It offers a comparative analysis of the reasons and the needs for a secured transactions law reform, as well as discussion of the steps taken in many common law, civil law and mixed law jurisdictions. The book, written under the auspices of the Secured Transactions Law Reform Project, informs the debate about reform and advances novel arguments written by world renowned experts that will build upon the existing literature, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. The text considers reform initiatives that have taken place up to the end of April 2016. It has not been possible to incorporate events since then into the discussion. However, notable developments include the banks decree passed by the Italian Government on 29th June 2016, and the adoption of the Model Law on Secured Transactions by UNCITRAL on 1st July 2016.
