The Law of Rescission. ISBN 9780198852285 from Practitioner Books

The Law of Rescission is an extensive analysis of the law concerning the rescission of contracts and gifts in England and Wales, and also contains detailed reference to the law of other parts of the Commonwealth including Australia, New Zealand, Canada, British Virgin Islands, Cayman Islands, Isle of Man, Singapore, Hong Kong, Malaysia, and India. This is the leading work in the field. The revised third edition builds on the established format of the previous edition, fully updating case law and considering how developments, such as the introduction of machine generated contracts, impacts on the law. The book also incorporates new legislation, such as The Insurance Act 2015. Rescission is frequently sought in commercial, property, and insurance disputes, making this book an essential reference for all lawyers involved in civil litigation, as well as for civil judges. The Law of Recission has has been cited by courts in England and Wales, as well as Australia and Canada. Academics will also find this book of great interest when researching contracts, remedies, or restitution.

Part I: Introduction 1: Core Distinctions 2: Rescission and Independent Claims 3: Historical Foundations Part II: Grounds 4: Misrepresentation 5: Non-Disclosure 6: Duress and Undue Influence 7: Mistake, Impaired Capacity, Unconscionable Bargains 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: Remote 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-Fradulent Misrepresentation 28: Disproportionate Effect: Section 2(2) of the Misrepresentation Act 1967 Part VII: Gifts and Deeds 29: Gifts and Deeds

Author(s)	By Dominic O'Sullivan KC (Inns of Court), Steven Elliott KC (Barrister, Barrister, One Essex Court), Rafal Zakrzewski (Partner, Partner, CMS).
Publisher	Oxford University Press
ISBN	9780198852285
Format	Hardback
Pages	736
Published in	United Kingdom
Published	3 Mar 2023
Availability	Available

The Law of Rescission

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