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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
The Law of Rescission 2nd ed isbn 9780199665051

The Law of Rescission

ISBN13: 9780199250110
New Edition ISBN: 9780199665051
Published: December 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print

This new work offers a comprehensive treatment of the law of rescission in England, with reference to the law of Australia, New Zealand and Canada. The authors set out the grounds permitting rescission, such as fraud, misrepresentation, or undue influence, covering the ways that rescission occurs at common law and in equity, in the case of both executory and completed transactions.

Consideration is given to the extent to which, and how, the law seeks to restore the status quo. The authors give detailed consideration to the four main bars of rescission: restitutio in integrum impossible; the intervention of third party rights; affirmation; and delay.

More specific aspects are covered in an examination of the case law such as the rule in Seddon’s case, and in Oakes v Turquand. This book will be an invaluable resource for solicitors, barristers and judges.

Contract Law
1. Basic Concepts
2. Historical Background
Part I: Ground for rescission;
3. Misinformation: Misrepresentation and non-disclosure
4. Pressure: Duress and undue influence 5. Exploitation: Mistake, unconscionable bargains and incapacity
6. Fiduciary relationships 7. Special contexts
Part II: Mechanisms of rescission;
8. Common law, equity and fusion 9. Electing to rescind
10. Rescission at law
11. Rescission in equity
Part III: Restitutio in integrum;
12. Restitutio in integrum impossible
13. Restoring the parties to their original positions
14. Partial rescission
Part IV: Third Parties;
15. Protection of third parties 16. Rescission against third parties
17. Other third party issues
Part V: Other bars to rescission;
18. Affirmation
19. Delay and estoppel
20. Bars for non-fraudulent misrepresentation
21. Bankruptcy and winding-up
Section 2(2) of the Misrepresentation Act 1967
23. Contracting out
Part VI: Staututory Regimes;
24. Australian Trade Practices Act 1974
25. New Zealand Contractual Remedies Act 1979