CART

(0) items

The Law of Rescission,9780199665051
This item qualifies for
FREE SHIPPING!

FREE SHIPPING OVER $59!

Your order must be $59 or more, you must select US Postal Service Shipping as your shipping preference, and the "Group my items into as few shipments as possible" option when you place your order.

Bulk sales, PO's, Marketplace Items, eBooks, Apparel, and DVDs not included.

The Law of Rescission

by ; ;
Edition:
2nd
ISBN13:

9780199665051

ISBN10:
0199665052
Format:
Hardcover
Pub. Date:
2/5/2015
Publisher(s):
Oxford University Press
List Price: $305.00

Rent Textbook

(Recommended)
 
Term
Due
Price
$122.00

Buy New Textbook

Usually Ships in 3-5 Business Days
N9780199665051
$297.38

Used Textbook

We're Sorry
Sold Out

eTextbook

We're Sorry
Not Available

Questions About This Book?

Why should I rent this book?
Renting is easy, fast, and cheap! Renting from eCampus.com can save you hundreds of dollars compared to the cost of new or used books each semester. At the end of the semester, simply ship the book back to us with a free UPS shipping label! No need to worry about selling it back.
How do rental returns work?
Returning books is as easy as possible. As your rental due date approaches, we will email you several courtesy reminders. When you are ready to return, you can print a free UPS shipping label from our website at any time. Then, just return the book to your UPS driver or any staffed UPS location. You can even use the same box we shipped it in!
What version or edition is this?
This is the 2nd edition with a publication date of 2/5/2015.
What is included with this book?
  • The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any CDs, lab manuals, study guides, etc.
  • The Rental copy of this book is not guaranteed to include any supplemental materials. You may receive a brand new copy, but typically, only the book itself.

Related Products


  • The Law of Rescission
    The Law of Rescission




Summary

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


Please wait while the item is added to your cart...