In Claims to Traceable Proceeds: Law, Equity, and the Control of Assets, Aruna Nair challenges traditional views on the law of tracing, proposing a fresh perspective that transforms our understanding of these legal principles. The book introduces a new theoretical framework aimed at resolving long-standing issues within the field. Nair argues that rules of tracing should be viewed not merely as evidentiary tools but as substantive laws that delineate the extent of a defendant’s liability to a claimant. By focusing on the practical ramifications of this reimagined model, the author explores how concepts of defendant autonomy and claimant vulnerability can provide both an explanatory lens for current legal practices and a foundation for future reforms.

The first part delves into the essence of tracing, critiquing existing theories and introducing a revised analytical approach. Nair’s work not only critiques but also constructs a new model that addresses contemporary challenges in the law of tracing, offering solutions to problems that have hitherto defied resolution. The second part applies this theoretical construct to real-world scenarios, illustrating how claims to traceable proceeds can be effectively employed to resolve specific legal issues.