Publication Type
Transcript
Version
publishedVersion
Publication Date
11-2001
Abstract
The recent judgment of the House of Lords in Foskett is extremely important as it straddles insurance law, property law, tracing and unjust enrichment. First, it establishes the proposition that it is possible to trace misappropriated moneys wrongfully paid as premiums into the proceeds of a policy. Second, two of the Law Lords contemplated the abolition of the distinction between the rules for tracing in law and tracing in equity. Third, the judgments of the Law Lords contain valuable guidance as to the context in which equitable ownership and the law of unjust enrichment should be viewed.
Discipline
Dispute Resolution and Arbitration | Property Law and Real Estate
Publication
Melbourne University Law Review
Volume
25
Issue
1
First Page
295
ISSN
0025-8938
Publisher
Melbourne University, Law Review Association
Citation
TANG, Hang Wu.
Foskett v. McKeown – Hard-nosed property rights or unjust enrichment?. (2001). Melbourne University Law Review. 25, (1), 295.
Available at: https://ink.library.smu.edu.sg/sol_research/2389
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