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

Honey, R. (1999) Review article 2: Propriety Claims and Remedies (1997) by Malcolm Cope. International Trade and Business Law Review . pp. 285-293.


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.

Item Type: Journal Article
Murdoch Affiliation(s): School of Law
Publisher: Murdoch University, School of Law
Copyright: The Author
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