close

The Law of Tracing in Commercial Transactions

Magda Raczynska   ·  ISBN 9780198796138
The Law of Tracing in Commercial Transactions | Zookal Textbooks | Zookal Textbooks
In stock
Leaves in 4-6 business days
Subscribe & Save
$318.95  Save $144.23
$174.72  
$318.95  Save $100.55
$218.40
-
+
Publisher Oxford University Press UK
Author(s) Magda Raczynska
Published 15th February 2018
Related course codes
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 interests are 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 misappropriation of 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 is timely in light of the current debate on the shape of the law reform of secured transactions in England and elsewhere.

SUBSCRIBE & SAVE

Try Zookal Study free for 30 days and say yes to semester success!

  • Save 20% off textbooks + free standard shipping on every order
  • Free courtesy eTextbook on a wide range of selected titles
  • Get step-by-step solutions from expert tutors
  • Access powerful online study tools to help you study on the go

20% OFF EVERY ORDER

Instant rewards

Zookal Study gives you the best price on textbooks instantly with full access to experience 24/7 study help you can rely on from day 1 until exam time.

PEACE OF MIND

Cancel anytime

No commitment, no worries. Try Zookal Study for 30 days and cancel at anytime. Cancelling is made easy via your Zookal Study account.

Unlock study tools fit for every moment

Homework Help

Solutions Library

Test Prep

Textbook Answers

Flashcards

Videos

translation missing: en.general.search.loading