The Law of Rescission, 3rd Edition

作者： Dominic O'Sullivan; Steven Elliott; Rafal Zakrzewski
出版商： Oxford University Press
ISBN: 9780198852285
出版时间 March 2023
规格： Hardback , 688 pages
适应领域： U.K. ? 免责申明：
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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]
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.
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

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