The Law of Rescission

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OUP Oxford, 2014 - Law - 800 pages
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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.

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About the author (2014)


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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