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Part IV Restitutio in Integrum, 13 General Principles of Restitutio in Integrum

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

Avoidance of contract — Illegality and contract — Termination/unwinding of contract — Validity of contract — Damages — Interest

This chapter discusses the general principles of restitutio in integrum. It highlights the basic objective of the relief given upon rescission, which is to restore the parties to their original positions or where rescission occurs in equity. Restitutio in integrum often refers to the object of an award of damages. Moreover, rescission can leave uncompensated losses and windfalls that would leave parties in a worse position financially than if the contract had never been made. The chapter then explains how discretion is needed to impose relief in equity. It looks at the retrospective consequences of rescissions that involve property rights and fiscal consequences.

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