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English
Oxford University Press
17 February 2023
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.
By:   , , , , , ,
Imprint:   Oxford University Press
Country of Publication:   United Kingdom
Edition:   3rd Revised edition
Dimensions:   Height: 250mm,  Width: 175mm,  Spine: 43mm
Weight:   1.368kg
ISBN:   9780198852285
ISBN 10:   0198852282
Pages:   736
Publication Date:  
Audience:   Professional and scholarly ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active
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

Dominic O'Sullivan KC 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 KC 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 KC, 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.

Reviews for The Law of Rescission

Excellent * J. D. Heydon, M. J. Leeming, P. G. Turner, editors of Meagher, Gummow & Lehane's Equity: Doctrines & Remedies (5th edition, LexisNexis Australia 2014) * A remarkable work of practical scholarship... should find its way on to the shelves of every law library (including those of courts who do serious civil work) and of every office or set of chambers where property or mercantile law is practised. On any view it is work of high distinction. * [2008] Conv 350 *


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