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The Law of Rescission: Second Edition
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The Law of Rescission: Second Edition

Price: $396.00
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Published Dec 2014 (OUP)
ISBN: 9780199665051. Hard cover, 688 pages.

Dominic O'Sullivan, Steven Elliott, Rafal Zakrzewski

  • The only book to provide specialized treatment of the law of rescission
  • Analysis of the law is placed in commercial context and covers matters that arise in commercial, property and insurance disputes
  • Provides foundation for theoretical analysis which assists with teaching the topic

New to this edition

  • Improved coverage of relevant case law in Singapore, Hong Kong, Ireland and smaller common law jurisdictions such as the Cayman Islands and the British Virgin Islands
  • New section on mortgagor's right to rescind a sale of the mortgaged property by the mortgagee at an undervalue
  • Examines major developments in scholarship since the first edition

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. The book will also be of great interest to academics researching contract, remedies or restitution.

Readership: Solicitors and barristers practising in private law, particularly in property and insurance disputes, and scholars interested in the law of contract, equity and restitution.

Review(s) from previous edition

"The Law of Rescission is a tremendous achievement. For the first time, a book sets out specifically, systematically, comprehensively, and as clearly as possible, the law relating to the rescission of contracts, deeds and gifts in England and Wales. For judges, practitioners and scholars in that jurisdiction it will be an indispensable reference. In other Commonwealth jurisdictions such as Australia, the book is also likely to be of great use... -Matthew Harding, Melbourne University Law Review

"As a work of detailed, relavant, practical scholarship and guide through the maze it cannot be faulted. It provides an important resource for our knowledge and understanding of a persistently difficult phenomenon and will be invaluable to practitioner and legal academic alike ... The first comprehensive and truly modern exercise in cataloguing, organising and critically analysing a broad range of authority on a subject-matter hitherto dispersed and obscure ... In my view the most comprehensive, detailed and authorative statement to date" - Kit Barker, Law Quarterly Review

"Even more impressively, they have been able to express their views, in concise and comprehensible propositions which are well organised into paragraphs and subject headings. The result is a clear, concise and authoritative tezt which is easy to use. One can only take one's hat off to them ... Overall, this is a work of considerable scholarship and utility. These features are rarely combined in a legal textbook" - Michael Gronow, Victorian Bar News \d Winter 2008

"This book serves a very useful-indeed an essential-purpose by supplying the means of obtaining an accurate picture of the past and present states of the law ... This book will be very useful to judges, practitioners and academics, and is much welcomed as, in Lord Walker's phrase, 'a remarkable work of practical scholarship'" -Oxford University Commonwealth Law Journal

"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 ... 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

Part II: 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

Dominic O'Sullivan, Barrister, Supreme Court of Queensland and England and Wales, Steven Elliott, Barrister, One Essex Court, London, and Rafal Zakrzewski, Clifford Chance, Warsaw, Poland; St Hugh's College, University of Oxford

Dominic O'Sullivan is a barrister specializing in commercial law. Dominic wrote a doctoral thesis at the University of Oxford which considered aspects of the law of rescission, under the supervision of the late Professor Peter Birks. He subsequently practised as a barrister in London at Essex Court Chambers, and is now based in Brisbane, Australia, where he lives with his wife and four sons.

Steven Elliott is a barrister who practices commercial law at the Chambers of Lord Grabiner QC, One Essex Court in London.

Rafal Zakrzweski specializes in corporate finance with an emphasis on debt, particularly in relation to syndicated lending, acquisition finance, real estate finance, and project finance. He advises lenders and borrowers on cross-border and domestic transactions, and has extensive experience relating to joint ventures. Rafal conducts research in the area of corporate finance and teaches English Private Law at Oxford University. He is a fellow of St Hugh's College, Oxford.

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