Details
- The only book on the market to contain an in-depth analysis of the law of rescission from English, Australian, New Zealand and Canadian perspectives
- Detailed and comprehensive analysis brings clarity to an area of complexity
- Coverage includes an explanation of the grounds permitting and bars to rescission
- Discussion of important case law
This new work offers a comprehensive treatment of the law of rescission in England, with reference to the law of Australia, New Zealand and Canada. The authors set out the grounds permitting rescission, such as fraud, misrepresentation, or undue influence, covering the ways that rescission occurs at common law and in equity, in the case of both executory and completed transactions. Consideration is given to the extent to which, and how, the law seeks to restore the status quo.
The authors give detailed consideration to the four main bars to rescission: restitutio in integrum impossible; the intervention of third party rights; affirmation; and delay. More specific aspects are covered in an examination of the case law. This book will be an invaluable source for solicitors; barristers and judges.
Readership: Solicitors; barristers in private law, particularly in the fields of contract, equity and restitution. Relevant practice areas include commercial law and commercial litigation.
Part I: Introduction
1: Core Distinctions
2: Rescission and Independent Claims
3: Historical background
Part II: Grounds
4: Misrepresentation
5: Non-disclosure
6: Duress and Undue influence
7: Mistake, Unconscionable bargains and Incapacity
8: Conflict of Interest
9: Third party wrongdoing
Part III: Rescission by election and by court order
10: Common law, equity and fusion
11: Electing to rescind
12: Extinction of the contract
Part IV: Restitutio in integrum
13: General principles of restitutio in integrum
14: Mutual restitution: rescission at law
15: Mutual restitution: rescission in equity
16: Proprietary claims
17: Financial adjustments
18: Restitutio in integrum impossible
19: Partial rescission
Part V: Third parties
20: Intervention of third party rights
21: Recovery from subsequent recipients
22: Succeeding to rights to rescind
Part VI: Other bars
23: Affirmation
24: Delay and Estoppel
25: Bankruptcy and Winding-up
26: Contracting Out
27: Bars for Non-fraudulent Misrepresentation
28: Disproportionate Effect: Section 2(2) of the Misrepresentation Act 1967
Part VII: Gifts and Deeds
29: Gifts and Deeds
Dominic O'Sullivan, Barrister, Queensland, and Essex Court Chambers, London, Steven Elliott, Barrister, One Essex Court, London, and Rafal Zakrzewski, Solicitor, England and Wales; Consultant, Clifford Chance
"In my view the most comprehensive, detailed and authorative statement to date" - Kit Barker, Law Quarterly Review
"This is a book that should find its way on to the shelves of every law library (including those of courts who do serious civil work) and of every office or set of chambers where property or mercantile law is practised. On any view it is a work of high distinction which should be around for very many years." - Roger Cooke,(Retired County Court Judge). The Conveyancer
"I found this a tremendously impressive work" - Australian Law Journal
"I can truly say this is the most significant new work which is a must for all thinking equity, commercial, coneyancing and contract lawyers" - Australian Law Journal
