Common Law Tracing
/ˈkɒmən lɔː ˈtreɪsɪŋ/
Definitions
- (n.) A legal process to identify and recover property or its substitutes by following its value through different transactions under common law rules.
The plaintiff succeeded in common law tracing to recover the misappropriated funds.
Forms
- common law tracing
Related terms
See also
Commentary
Common law tracing is narrower than equitable tracing, often requiring the property to remain identifiable and unimpaired. It is an important tool in restitution claims involving misappropriated property.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.