The Law of Rescission

by O'Sullivan KC, Dominic; Elliott KC, Steven; Zakrzewski, Rafal

• ISBN13: 9780198852285
• ISBN10: 0198852282
• eBook ISBN(s): 9780192593382
• Additional ISBN(s): 9780199665051
• Edition: 3rd
• Format: Hardcover
• Copyright: 2023-06-03
• Publisher: Oxford University Press
• More Book Details

Summary

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.

Author Biography

Dominic O'Sullivan QC, Inns of Court,Steven Elliott QC, Barrister, One Essex Court,Rafal Zakrzewski, Partner, CMS

Dominic O'Sullivan QC is a barrister specialising in commercial law. He wrote a thesis on the law of rescission under the supervision of the late Peter Birks, at Exeter College, Oxford (1997-2000), as a Commonwealth scholar. He was called to the bar at Lincoln's Inn (2001) and after practising in London at Essex Court Chambers, returned to Australia in 2006. He was appointed Queen's Counsel by the Supreme Court of Queensland in 2014.

Steven Elliott QC is a barrister specialising in commercial law. He wrote a doctoral thesis on equitable remedies at Merton College, Oxford (1997-2001) as a Commonwealth scholar. He was called to the Bar at Lincoln's Inn (2001) and practices out of the Chambers of Lord Grabiner QC, One Essex Court. Steven Elliott was appointed Queen's Counsel in 2018.

Rafal Zakrzweski specializes in corporate finance with an emphasis on debt, particularly in relation to syndicated lending, acquisition finance, real estate finance, and project finance. He advises lenders and borrowers on cross-border and domestic transactions, and has extensive experience relating to joint ventures. Rafal is a partner at CMS Poland. He is a fellow of St Hugh's College, Oxford.

Table of Contents

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