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Dicey, Morris & Collins: The Conflict of Laws

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The Law of Rescission 3rd ed


ISBN13: 9780198852285
Previous Edition ISBN: 9780199665051
To be Published: January 2023
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £275.00



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.

  • 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
  • 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]

Subjects:
Contract Law, Commercial Law
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