ABSTRACT

This chapter considers the law relating to tracing. The function of the law of tracing is to enable the owner of property to recover that property in the event that it is taken from her involuntarily. By ‘involuntarily’ I mean that the owner has not agreed to any transfer of title in that property to the defendant. It may be that the property has been stolen, or taken in breach of trust, or taken by mistake: whatever the cause, the owner has not consented fully to giving that property up to the defendant.