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Part IV Restitutio in Integrum, 14 Mutual Restitution: Rescission at Law

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: 04 March 2024

Subject(s):
Illegality and contract — Termination/unwinding of contract — Validity of contract — Damages — Transfer of title

This chapter focuses on mutual restitution when rescission happens at common law. It highlights how property, money, and services are treated separately. The common law provides exclusively propriety rights to restitution in respect of property transferred and exclusively personal rights in respect of money paid. The rights arise automatically upon the innocent party disaffirming the transaction. Rescission at law cannot revest title in the intangible legal property as the common law does not know mechanisms for revesting. The chapter explains the restitution of benefits conferred by the rescinding party and the subsequent obligation of that party to provide counter-restitution of benefits received.

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