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The Law of Assignment, 3rd Edition by Smith, Marcus; Leslie, Nico (8th March 2018)

Part V The Effects of Assignment, The Persistence of Property Rights, and The Vindication of An Owner’s Rights, 29 Vindication Of An Owner’s Rights

From: The Law of Assignment (3rd Edition)

Marcus Smith, Nico Leslie

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 08 July 2020

Averting and minimising loss and insurance

This chapter studies the manner in which an owner of property can vindicate his rights if they are interfered with by another. An owner who has been wrongfully deprived of his property, whether that property is tangible or intangible, and whether the claim is brought as a claim in tort (as a claim in conversion) or in equity (as an ‘equitable vindicatio’), must frame that claim as a ‘following’ claim and/or as a ‘tracing’ claim. When an owner seeks to follow property, he is seeking to identify his property in the hands of another. Essentially, in order to follow property, an owner must show: that he was unlawfully deprived of property that he owned; that the person he is asserting his claim against holds that property; and that he has a better right to the property than the person holding it.

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