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The equitable proprietary interest and the fiduciary relationship.
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Equity & Trusts coursework Victoria Maschio This question raises the issue of whether Quiverful (Q) and Reddypalms (R) are able to trace their property, the method in which they are able to do so and the remedies that they will be able to obtain. Q and R must bring a claim in equity since common law does not allow you to trace property into a mixed fund. To be able to bring such a claim there are four requirements: 1) the claimant must be able to show that he has an equitable proprietary interest in the property; 2) there must be a fiduciary relationship at some point in the transaction; 3) the property must be identifiable and 4) none of the defences must be available. The equitable proprietary interest and the fiduciary relationship. Podger, the thief (P), died insolvent hence it will be useless for Q and R, in order to receive...
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