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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
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
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