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 to 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. This book will be an invaluable source for solicitors; barristers and judges.
Rezensionen / Stimmen
In my view the most comprehensive, detailed and authorative statement to date Kit Barker, Law Quarterly Review This is a book that 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 a work of high distinction which should be around for very many years. Roger Cooke,(Retired County Court Judge). The Conveyancer I found this a tremendously impressive work Australian Law Journal I can truly say this is the most significant new work which is a must for all thinking equity, commercial, coneyancing and contract lawyers Australian Law Journal
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 254 mm
Breite: 178 mm
Dicke: 46 mm
Gewicht
ISBN-13
978-0-19-925011-0 (9780199250110)
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Schweitzer Klassifikation
Dr Rafal Zakrzewski, Solicitor, England and Wales, Consultant, Clifford Chance
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 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. Recovery from subsequent 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-fraudulent Misrepresentation ; 28. Disproportionate Effect: Section 2(2) of the Misrepresentation Act 1967 ; PART VII: GIFTS AND DEEDS ; 29. Gifts and Deeds
