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Part IV Restitutio in Integrum, 16 Proprietary Claims

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: 13 April 2024

Illegality and contract — Termination/unwinding of contract — Validity of contract — Passing of property

This chapter examines the availability and nature of proprietary claims correlated to rescission at law and equitable rescission. With regards to propriety claims upon rescission at law, it notes that the benefit of rescission as a remedy is the possibility of asserting propriety claims to money, property transferred, or traceable substitute. On the other hand, propriety claims upon equitable rescission involve the passing of title with pending rescission. The term equity, in this case, refers to a personal right to obtain a propriety interest in the future. The chapter then looks at the ongoing debate on the kind of power that equity to rescind has.

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