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Mapping the LawEssays in Memory of Peter Birks$
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Andrew Burrows and Alan Rodger

Print publication date: 2006

Print ISBN-13: 9780199206551

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199206551.001.0001

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(p.119) 7 Tracing
Mapping the Law

Lionel Smith

Oxford University Press

This chapter traces some strands in the evolution of Peter's thought regarding unjust enrichment and the law of tracing. English law allows a claimant to assert rights in the traceable proceeds of an unauthorized disposition of the claimant's asset; Peter consistently argued that such claims arise to reverse unjust enrichment. It is argued that his understanding of tracing shaped his understanding of much of the law of unjust enrichment. The chapter begins by setting out some of the new and controversial arguments made by Peter in Unjust Enrichment. It then argues that all of these arguments were, to a greater or lesser degree, influenced by his understanding of the nature of claims to traceable proceeds.

Keywords:   Peter Birks, unjust enrichment, law of tracing, claims, traceable proceeds

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