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Author: Dominic O'Sullivan Publisher: Oxford University Press on Demand ISBN: 9780199250110 Category : Law Languages : en Pages : 699
Book Description
This new work offers a comprehensive treatment of the law of rescission in England, with reference to the law of Australia, New Zealand and Canada. The authors set out the grounds permitting rescission, such as fraud, misrepresentation, or undue influence, covering the ways that rescission occurs at common law and in equity, in the case of both executory and completed transactions. Consideration is given to the extent to which, and how, the law seeks to restore the status quo. The authors give detailed consideration to the four main bars to rescission: restitutio in integrum impossible; the intervention of third party rights; affirmation; and delay. More specific aspects are covered in an examination of the case law. This book will be an invaluable source for solicitors; barristers and judges.
Author: Dominic O'Sullivan Publisher: Oxford University Press on Demand ISBN: 9780199250110 Category : Law Languages : en Pages : 699
Book Description
This new work offers a comprehensive treatment of the law of rescission in England, with reference to the law of Australia, New Zealand and Canada. The authors set out the grounds permitting rescission, such as fraud, misrepresentation, or undue influence, covering the ways that rescission occurs at common law and in equity, in the case of both executory and completed transactions. Consideration is given to the extent to which, and how, the law seeks to restore the status quo. The authors give detailed consideration to the four main bars to rescission: restitutio in integrum impossible; the intervention of third party rights; affirmation; and delay. More specific aspects are covered in an examination of the case law. This book will be an invaluable source for solicitors; barristers and judges.
Author: Dominic O'Sullivan QC Publisher: ISBN: 9780191642975 Category : Languages : en Pages : 689
Book Description
The only book to contain in-depth analysis of the law drawing on all sources, including case law and current academic thought, to provide a thorough treatment of the grounds permitting, and bars to, rescission.
Author: Başak Başoğlu Publisher: Springer ISBN: 331927256X Category : Law Languages : en Pages : 340
Book Description
This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
Author: Henry Campbell Black Publisher: Alpha Edition ISBN: 9789353861964 Category : Law Languages : en Pages : 866
Book Description
This book has been considered by academicians and scholars of great significance and value to literature. This forms a part of the knowledge base for future generations. We have represented this book in the same form as it was first published. Hence any marks seen are left intentionally to preserve its true nature.
Author: Jeffrey Bruce Berryman Publisher: Essentials of Canadian Law ISBN: 9781552213308 Category : Law Languages : en Pages : 596
Book Description
This new edition traces the development in the Canadian law of equitable remedies, greatly influenced by decisions of the Supreme Court of Canada which, since the first edition, has ruled on the availability of Anton Piller orders, specific performance, equitable compensation, and rectification. Beyond these substantive equitable remedies the Supreme Court has also opined on a number of occasions about the nature of modern equity in Canada; in effect, breathing life into equity's distinctive methodology. New areas covered in this edition include the maxims of equity; the appropriate default test for interlocutory injunctions including new discussion on when it is appropriate to allow a view of the merits of the substantive dispute to determine the interlocutory proceedings; the general principles of specific performance, including a critique of the current law on enforcement of keep-open clauses; the contemporary impact of the Supreme Court of Canada's rulings on the availability of specific performance, particularly for those who invest in l∧ a discussion of equitable damages and equitable compensation which includes new commentary on when damages are assessed that go beyond compensation and toward disgorgement; and new material on rectification, including a section on rectification and taxation cases.
Author: Dominic O'Sullivan
Author: Dominic O'Sullivan
Author: Dominic O'Sullivan QC
Author: Henry Campbell Black
Author: Charles Bruce Morison
Author: Başak Başoğlu
Author: Henry Campbell Black
Author: Henry Campbell Black
Author: Jeffrey Bruce Berryman
Author: Charles Bruce Morison
Author: John Philip Dawson