Catch Me if you Can: Remedial Responses to Crypto Fraud
Speaker: Dr Lucas Clover Alcolea, Monash University
Join us in person or via Zoom: https://uqz.zoom.us/j/88162947520
Abstract
To date, much of the literature concerning crypto fraud claims has concerned debate about the nature of cryptocurrency, in particular whether or not it amounts (or should amount) to property. However, this paper focuses on how the law of remedies responds to crypto fraud. This is because, although the proprietary (or not) nature of cryptoassets may mould the law’s remedial response to crypto fraud, it does not necessarily dictate it, and the law of remedies has not remained paralysed pending resolution of that debate. To illustrate this point, this paper will be divided into three parts covering claims and remedies available in tort, unjust enrichment, and equity, respectively.
About the Speaker
Lucas Clover Alcolea is a lecturer at the Monash University, Faculty of Law where he teaches remedies and trusts. He was previously a lecturer at the University of Otago, Faculty of Law, and a postdoctoral associate in the Scheinman Institute on Conflict Resolution at Cornell University. He completed his undergraduate law degree at Aberdeen, followed by an LLM at Edinburgh, and a DCL at McGill. His doctoral thesis was published in Spring 2022 by Edward Elgar Publishing as ‘The Arbitration of Trust Disputes’. His main areas of interest are equity and trusts, property, dispute resolution, legal history (with a particular focus on the common law), international investment law, and legal theory. His work has been cited by the New Zealand Court of Appeal.
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