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Part IV Restitutio in Integrum, 18 Restitutio in Integrum Impossible

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 — Interpretation of contract — Termination/unwinding of contract

This chapter assesses the impossibility of restitutio in integrum concerning an election to rescind or a claim seeking rescission. It explains restitutio in integrum’s requirement for the party seeking rescission to put those against whom it is asked in the same situation in which they stood when the contract was entered. Unless restitutio in integrum is truly impossible, the Court of Appeal emphasised that rescission should be the normal remedy for misrepresentation. The chapter also highlights the purpose of the bar, which is applied where the circumstances have irreversibly changed since the contract was made. It explains how rescission could be barred when counter-restitution is impossible and other circumstances have irreversibly changed that the defendant would be unjustifiably prejudiced.

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