Description
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, impact 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 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.
- Provides a truly unique assessment of the laws of rescission
- Leading work on the law of rescission as it applies in England and Wales, as well as in Commonwealth nations
- The comprehensive analysis provided by an author team who combine academic knowledge with practitioner experience
New to this Edition:
- Covers the incorporation of The Insurance Act 2015
- New technology such as machine-generated contracts, and the potential for errors in these are considered from cases such as Quoine Pte Ltd v B2C2 Ltd [2020]
- Contents:
- 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
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