Jump to ContentJump to Main Navigation
Mapping the LawEssays in Memory of Peter Birks$
Users without a subscription are not able to see the full content.

Andrew Burrows and Alan Rodger

Print publication date: 2006

Print ISBN-13: 9780199206551

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199206551.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 12 December 2018

Tracing

Tracing

Chapter:
(p.119) 7 Tracing
Source:
Mapping the Law
Author(s):

Lionel Smith

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199206551.003.0008

This chapter traces some strands in the evolution of Peter's thought regarding unjust enrichment and the law of tracing. English law allows a claimant to assert rights in the traceable proceeds of an unauthorized disposition of the claimant's asset; Peter consistently argued that such claims arise to reverse unjust enrichment. It is argued that his understanding of tracing shaped his understanding of much of the law of unjust enrichment. The chapter begins by setting out some of the new and controversial arguments made by Peter in Unjust Enrichment. It then argues that all of these arguments were, to a greater or lesser degree, influenced by his understanding of the nature of claims to traceable proceeds.

Keywords:   Peter Birks, unjust enrichment, law of tracing, claims, traceable proceeds

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .