Talk:Tracing in English law/GA1
GA Review[edit]
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Reviewer: Malleus Fatuorum 12:58, 6 October 2010 (UTC)
- Lead
- "Common law tracing is reliant on having legal ownership of the property ...". Reliant on who having legal ownership, the claimant?
- The claimant; fixed.
- "... or the legal title has been transferred to any further recipient of the property". By the defendant?
- Yup, fixed.
- Loss of the right to trace and defences
- "The right to trace may be lost if the money cannot be found, or no longer exists." How can money no longer exist? I'm not sure why this is focusing on money; doesn't this apply to property in general?
- Yup, my bad. And money can no longer exist if, say, it has been spent.
- If, as mentioned, the property is money, and is transferred to a bank account and subsequently withdrawn and cannot be found, it will not be possible to recover it." If we've already mentioned it (and we have, in the Tracing in equity section), then why are we mentioning it again? Also, it seems a little out of place here, as it's neither the loss of the right to trace nor a defence is it?
The discussion above is closed. Please do not modify it. Subsequent comments should be made on the appropriate discussion page. No further edits should be made to this discussion.