The law of rescission / Dominic O'Sullivan, Steven Elliott [and] Rafal Zakrzewski.

Oxford : Oxford University Press, 2014.

2nd edition

85186

Rescission (Law) -- England.

Rescission (Law) -- Wales.

I. II. III. IV. V. VI. VII. Introduction

Grounds

Rescission by election and by court order

Restitutio in integrum

Third parties

Other bars

Gifts and deeds.

The Law of Rescission is concerned with defects in the formation of a contract arising by reason of fraud, duress, undue influence or other invalidating cause. Such defects concern consent and give one party the right to extinguish the contract ab initio. Contracts that are valid until rescinded are voidable as compared to void contracts, which are contracts that never truly form. Legal and beneficial title to property passes under a voidable contract, but the parties upon the exercise of the right of rescission may regain those interests. Part 1 of the text classifies and locates the law of rescission as a distinct body of law in a clear, ordered and comprehensive manner. Part 2 examines the grounds for remedy of rescission to be engaged. Part 3 considers the juridical basis that gives rise to a distinction between rescission at law and in equity and the consequence that distinction has on rescission by election and by order of the Court. Part 4 deals with the real purpose of rescission, being restoration of the parties to their original position. Part 5 concerns certain bars to rescission where the interest of third parties have intervened. Part 6 examines other bars to rescission such as affirmation, delay and estoppel, and other legislative bars. Finally, Part 7 analyses the vulnerability of gifts and deeds to rescission. The second edition of the text arrives six years after the first edition and updates the text to take into account decisions such as Pitt v. Holt [2013] 2 AC 108 and Independent Trustee Services Ltd v. G P Noble Trustee Ltd [2013] Ch 91. The Law of Rescission is a work of significant scholarship that elucidates and collects into one convenient place a previously identified, but largely misunderstood body of law.

Table of contents is taken from the published work with the permission of the publisher.

Includes bibliographical references and index.

9780199665051

lxxii, 614 p. ; 25 cm