The Law of Rescission by Dominic OSullivan

The Law of Rescission

byDominic OSullivan, Steven Elliott, Rafal Zakrzewski

Hardcover | February 11, 2015

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The Law of Rescission provides comprehensive treatment of the law relating to the remedy of rescission in England and Wales, and contains detailed reference to the law of other parts of the Commonwealth including Australia, New Zealand, Canada, BVI, Cayman Islands, Isle of Man, Singapore, HongKong, Malaysia, and India. It is the only book on the topic in the common law world.The book includes the differences between rescission ab initio and cognate concepts, the various grounds for rescission, and its diverse mechanisms and bars. It also contains full consideration of the controversial distinctions between rescission at law and in equity; the incidence of proprietaryclaims upon rescission; claims against third parties; and the special rules governing the rescission of gifts.This second edition builds on the success of the first, which established itself as the leading work on this topic. The first edition was cited and the analysis of partial rescission applied in Canada in BC Ltd v JEL Investments Ltd 2012 BCSC 202. For this second edition there is expanded coverageof the mortgagor's right to rescind sale of a mortgaged property by the mortgagee at an undervalue and even more extensive consideration of authorities, including those from a wider selection of Commonwealth jurisdictions.Rescission is frequently sought in commercial, property, and insurance disputes, and as such this book is an indispensable reference for all lawyers involved in civil litigation and for civil judges. The book will also be of great interest to academics researching contract, remedies orrestitution.

About The Author

Dominic O'Sullivan is a barrister specializing in commercial law. Dominic wrote a doctoral thesis at the University of Oxford which considered aspects of the law of rescission, under the supervision of the late Professor Peter Birks. He subsequently practised as a barrister in London at Essex Court Chambers, and is now based in Brisba...

Details & Specs

Title:The Law of RescissionFormat:HardcoverDimensions:800 pages, 9.69 × 6.73 × 0.03 inPublished:February 11, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199665052

ISBN - 13:9780199665051

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Table of Contents

Part II: Introduction1. Core Distinctions2. Rescission and Independent Claims3. Historical BackgroundPart II: Grounds4. Misrepresentation5. Non-disclosure6. Duress and Undue Influence7. Mistake, Unconscionable Bargains and Incapacity8. Conflict of Interest9. Third Party WrongdoingPart II: Rescission by Election and by Court Order10. Common Law, Equity and Fusion11. Electing to Rescind12. Extinction of the contractPart IV: Restitutio in integrum13. General Principles of resitutio integrum14. Mutual Restitution: Rescission at Law15. Mutual Restitution: Recission in Equity16. Proprietary Claims17. Financial Adjustments18. Restitutio in integrum impossible19. Partial RescissionPart V: Third Parties20. Intervention of Third Party Rights21. Recovery from Subsequent Recipients22. Succeeding to Rights to RescindPart VI:23. Affirmation24. Delay and Estoppel25. Bankruptcy and Winding-up26. Contracting Out27. Bars for Non-Fraudulent Misrepresentation28. Disproportionate Effect: Section 2(2) of the Misrepresentation Act 1967Part VII: Gifts and Deeds29. Gifts and Deeds

Editorial Reviews

"I found this a tremendously impressive work ... 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 2008