The Law of Rescission, 3rd Ed by Dominic O'Sullivan KC, Steven Elliott KC and Rafal Zakrzewski | 2023


The Law of Rescission, 3rd Ed by Dominic O'Sullivan KC, Steven Elliott KC and Rafal Zakrzewski | 2023

Author Dominic O'Sullivan KC, Steven Elliott KC, and Rafal Zakrzewski
Publication Date 03 March 2023
ISBN 9780198852285
Hardcover, 736 Pages
Practice Area Contract Law, Commercial Law
Publisher Oxford

New to this Edition of The Law of Rescission, 3rd Ed:

  • Analysis of every judgment rendered in court since the last edition, including:
    • SK Shipping Europe Ltd v Capital VLCC 3 Corp [2021] 2 Lloyd's Rep 109 and [2022] All ER (Comm) 231 (CA) (bars to rescission and damages under the Misrepresentation Act 1967);
    • Salt v Stratstone Specialist Limited [2016] RTR 17 (CA) (Misrepresentation Act 1967);
    • Pakistan International Airlines Corp v Times Travel (UK) Ltd [2021] 3 WLR 727 (UKSC) (economic duress);
    • Quoine Pte Ltd v B2C2 Ltd [2020] SGCA(I) 2 (mistake in machine generated contracts)
  • examines current rescission cases, including those involving bribery and investment fraud.
  • includes the 2015 Insurance Act

The Law of Rescission is a thorough examination of English and Welsh law governing the cancellation of contracts and gifts. It also contains detailed references to the legal systems of other Commonwealth nations, such as Australia, New Zealand, Canada, the British Virgin Islands, the Cayman Islands, the Isle of Man, Singapore, Hong Kong, Malaysia, and India. The best work in the area is this one.

The updated third edition expands on the format of the first edition by fully updating case law and taking into account how new developments, including the use of computer-generated contracts, may affect the law. New legislation is also included in the book, such as The Insurance Act of 2015.

This book is a crucial resource for all attorneys involved in civil litigation, as well as for civil courts, because rescission is commonly requested in commercial, real estate, and insurance disputes. Courts in Australia, Canada, England and Wales have all referred to the Law of Recission. This book will be very useful to academics who are researching contracts, remedies, or restitution.

Table of Contents of The Law of Rescission, 3rd Ed :

Part I: Introduction
1:Core Distinctions
2:Rescission and Independent Claims
3:Historical Foundations
Part II: Grounds
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
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

About The Authors of The Law of Rescission, 3rd Ed:

Dominic O'Sullivan KC is a lawyer with a focus on business law. As a Commonwealth scholar, he completed a thesis on the law of rescission at Exeter College in Oxford (1997–2000) under the guidance of the late Peter Birks. He was admitted to the bar at Lincoln's Inn (2001), and in 2006, after working at Essex Court Chambers in London, he moved back to Australia. The Supreme Court of Queensland named him Queen's Counsel in 2014.

Lawyer Steven Elliott KC has a focus in business law. As a Commonwealth fellow at Merton College in Oxford (1997–2001), he completed a PhD thesis on equitable remedies. He was admitted to the bar at Lincoln's Inn (2001), and he currently works out of the Lord Grabiner KC Chambers at One Essex Court. 2018 saw Steven Elliott's appointment as Queen's Counsel.

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 is a partner at CMS Poland. He is a fellow of St Hugh's College, Oxford.

Find more books like The Law of Rescission, 3rd Ed: UK Books
ISBN: 9780198852285

Latest releases

Get your copy today!
Malaysia's Largest Authorised Premium Reseller