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Competing Rights to Mingled Property: Tracing and the Rule in Clayton's Case (1983)

Status: 
LRC Reports
Project Contact: 
British Columbia Law Institute
- Tel: (604) 822-0142

Overview

This project concerns problems that arise from time to time when money belonging to two or more people is mingled in a single bank account. More specifically the project examines the rule in Clayton's Case, which raises a presumption that the sum first paid into the account is the sum first paid out.

Keywords: mingled; property; tracing; rule; Claytons Case; deposit; debt; fiduciary; volunteer; beneficiary; trustee; mixed; credit; revolving; bank account; joint account; proprietary; real; right; possessory; personal; property; money; insolvency; FIFO

Reports

66. Report on Competing Rights to Mingled Property: Tracing and the Rule in Claytons Case

Published: 1 September 1983
The following report was produced by the now-defunct Law Reform Commission of British Columbia. It is available in Adobe Acrobat (PDF) format.

Backgrounders

Competing Rights to Mingled Property: Tracing and the Rule in Claytons Case

Published: 1 September 1983
This backgrounder is available in Adobe Acrobat (PDF) format.
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