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Part III Rescission By Election and By Court Order, 10 Common Law, Equity, and Fusion

Dominic O’Sullivan

From: The Law of Rescission (3rd Edition)

Dominic O'Sullivan KC, Steven Elliott KC, Rafal Zakrzewski

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 18 April 2024

Subject(s):
Illegality and contract — Performance of contract — Termination/unwinding of contract — Validity of contract

This chapter discusses common law, equity, and fusion. It recognizes how the separate origins of recissions at law and in equity had hampered the development of clear rules that regulated the relationship between doctrines. Thus, questions arose on how far the fusion or synthesis of common law and equity had gone. The structure of rescission at common law was a by-product of the availability of different forms of action in line with the reorganization of the law of contract. The chapter notes fraud, bribery, duress, or contracts of insurance for material non-disclosure and non-fraudulent misrepresentation as grounds of rescission at law.

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