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Review article 2: Propriety Claims and Remedies (1997) by Malcolm Cope
Journal article   Peer reviewed

Review article 2: Propriety Claims and Remedies (1997) by Malcolm Cope

R. Honey
International Trade and Business Law Review, pp.285-293
1999

Abstract

It is one of the maxims of equity that 'equity acts in personam'. However, in the latter half of this century, the proprietary equitable remedies of constructive trust and equitable lien have flourished. In his book, Proprietary Claims and Remedies, Malcolm Cope examines the basis upon which these remedies are available and how they are enforced. In Parts 1 and 2 respectively, he considers: what must be proven for a plaintiff to successfully assert entitlement to these remedies; and the principles to be applied when tracing the claimed property into other property held by the defendant or a third party.

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