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Tracing into the Payment of a Debt - JSTOR

    https://www.jstor.org/stable/4508085
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Tracing into the Payment of a Debt - cambridge.org

    https://www.cambridge.org/core/services/aop-cambridge-core/content/view/1B7512FC75F2AAB3C020C120AF273B85/S0008197300083677a.pdf/tracing_into_the_payment_of_a_debt.pdf
    TRACING INTO THE PAYMENT OF A DEBT LIONEL D. SMITH* I. INTRODUCTION A. The Nature of Tracing A plaintiff who is deprived of a thing might seek out that very thing in order to assert his rights. The victim of a car thief tries to find the car. This is a natural response to such a misfortune, although it is not necessarily a fruitful one.

Tracing into the Payment of a Debt | The Cambridge Law …

    https://www.cambridge.org/core/journals/cambridge-law-journal/article/tracing-into-the-payment-of-a-debt/1B7512FC75F2AAB3C020C120AF273B85
    The payor assumes a debt, which is paid when the cheque is honoured. The position in the text leads to the logical position that the asset bought is the traceable product of the money with which the cheque is met. 7 184 F. 480 (S.D.N.Y. 1911). 8

Tracing into the Payment of a Debt | Semantic Scholar

    https://www.semanticscholar.org/paper/Tracing-into-the-Payment-of-a-Debt-Smith/c3d20a6dd07c2f264f480809f6866370222e6b6f
    Tracing into the Payment of a Debt | Semantic Scholar. A plaintiff who is deprived of a thing might seek out that very thing in order to assert his rights. The victim of a car thief tries to find the car. This is a natural response to such a misfortune, although it is not necessarily a fruitful one. Alternatively, the plaintiff might find that the original thing has been used to acquire some new …

The Law of Tracing - Lionel D. Smith - Oxford University …

    https://global.oup.com/academic/product/the-law-of-tracing-9780198260707
    A Clarendon Press Publication. The Law of Tracing. Lionel D. Smith. A Clarendon Press Publication. Description. 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 …

A big step forwards for backwards tracing | STEP

    https://www.step.org/tqr/tqr-december-2015/big-step-forwards-backwards-tracing
    Further argument for allowing backwards tracing has come from Professor Lionel Smith, who reasons that, in circumstances where a fraudster applies misappropriated money to discharge a debt, there is no logical reason for preventing a claimant from tracing into whatever was acquired in return for the incurring of that debt.11. Professor Smith’s argument is …

[PDF] The Law of Tracing - read & download

    https://christellelandais.com/the-law-of-tracing.html
    The Law of Tracing by Ali Smith, Lionel D Smith starting at $123.97. The Law of Tracing has 1 available editions to buy at Alibris Cambridge law journal, 54 (2), july 1995, pp Cambridge Law Journal, 54 (2), July 1995, pp. 290-305 Printed in Great Britain TRACING INTO THE PAYMENT OF A DEBT Lionel D. Smith* I. Introduction

Bankers take note: how the tracing process has become more …

    http://fivepaper.com/wp-content/uploads/2015/12/15.11.26-Article.pdf
    a paper by Professor Lionel Smith entitled ‘Tracing into the Payment of a Debt’ [1995] CLJ 290. In this article, which was written shortly after the Court of Appeal decision in Bishopsgate, he referred to several cases which he maintained were examples of backward tracing. Smith also used a fictional scenario where

Smith, Lionel - heinonline.org

    https://heinonline.org/HOL/AuthorProfile?base=js&search_name=Smith,%20Lionel&1==1652455865
    Symposium: A Conference on Restitution and Unjust Enrichment: Topic II: The Availability and Justification of Property-Based Remedies in Restitution Boston University Law Review,

The future after Durant: is backwards tracing the way …

    https://www.law.ox.ac.uk/sites/files/oxlaw/field/field_document/7_0.pdf
    the English courts. Also sometimes referred to as ‘tracing into the payment of a debt’, backwards tracing would allow the process of tracing to occur in the situation where an asset has been acquired in exchange for the creation of a debt and, subsequently, misappropriated trust assets are used to discharge that debt.

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