Ulteriori informazioni
This third edition of the leading work on the Law of Rescission has been updated to consider the impact of new technology, such as machine generated contracts, as well as new legislation and case law.
Sommario
- 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
Info autore
Dominic O'Sullivan KC is a barrister specialising in commercial law. He wrote a thesis on the law of rescission under the supervision of the late Peter Birks, at Exeter College, Oxford (1997-2000), as a Commonwealth scholar. He was called to the bar at Lincoln's Inn (2001) and after practising in London at Essex Court Chambers, returned to Australia in 2006. He was appointed Queen's Counsel by the Supreme Court of Queensland in 2014.
Steven Elliott KC is a barrister specialising in commercial law. He wrote a doctoral thesis on equitable remedies at Merton College, Oxford (1997-2001) as a Commonwealth scholar. He was called to the Bar at Lincoln's Inn (2001) and practices out of the Chambers of Lord Grabiner KC, One Essex Court. Steven Elliott was appointed Queen's Counsel in 2018.
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.
Riassunto
This third edition of the leading work on the Law of Rescission has been updated to consider the impact of new technology, such as machine generated contracts, as well as new legislation and case law.
Testo aggiuntivo
A remarkable work of practical scholarship... 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 work of high distinction.
