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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, Hong Kong, 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 proprietary claims 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 coverage of 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 or restitution.
Table of Contents
Part II: 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 II: 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 resitutio integrum 14. Mutual Restitution: Rescission at Law 15. Mutual Restitution: Recission 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: 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