Equity and Trusts question - tracing
University course discussion for law.
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Equity and Trusts question - tracingIn a problem question involving tracing and third party liability, would you start by following/tracing the actual property then pursue personal action of knowing receipt / dishonest assistance?
Can you mix them depending on the facts?
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Re: Equity and Trusts question - tracingYou would need to consider both if they could both apply. Which way round and how you emphasise it depends on the facts. For example, if the question tells you that the third party is bankrupt or cannot be found, there is no point considering personal remedies. You would simply say that a proprietary remedy would be stronger. Similarly, if the property has increased in value, it is worth emphasising the value of a proprietary remedy. On the other hand, if the property no longer exists you would need to focus on personal liability.
