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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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The Law of Rescission 2nd ed


ISBN13: 9780199665051
Previous Edition ISBN: 9780199250110
Published: December 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £195.00



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The Law of Rescission provides comprehensive treatment of the law relating to the remedy of rescission in England and Wales, and contains detailed reference to the law of other parts of the Commonwealth including Australia, New Zealand, Canada, BVI, Cayman Islands, Isle of Man, Singapore, Hong Kong, Malaysia, and India.

It is the only book on the topic in the common law world. 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.

Subjects:
Contract Law
Contents:
PART I: INTRODUCTION
1. Core Distinctions
2. Rescission and Independent Claims
3. Historical Background

PART II: GROUNDS
4. Misrepresentation
5. Non-disclosure
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

PART VI
23. Affirmation
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