Overview: Tracing, Claiming and Defences

Abstract

Abstract The aim of this chapter is not to summarize all that is said in the previous ones but to attempt an overview of the principal questions which arise in the subjects which have been discussed. Some questions relating to defences, especially the new defence of change of position, tend to work their way back into the substance of tracing and claiming, but the chapter none the less divides the overview fairly cleanly into two parts. The first is essentially about tracing and the relationship between tracing and claiming; the second is about defences. Defences have acquired a new importance. The recognition of the defence of change of position will have a profound impact on the whole organization of the law of restitution.

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