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Part IV Restitutio in Integrum, 19 Partial Rescission

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):
Avoidance of contract — Interpretation of contract — Termination/unwinding of contract — Rights of third party and insurance

This chapter discusses partial rescission, which involves setting aside one part of a contract while leaving other obligations in force. It also includes the statutory adjustment of insurance contracts wherein a party wishes to virtually rescind their contract against a wrongdoing party. However, according to common law and equity, a contractual bargain cannot be rescinded in part unless the part is properly severed. The rule against partial recission goes in line with the court not involving itself in the rewriting of bargains, and rescission should take effect automatically on the claimant’s election. The chapter then expounds on possible adjustments to insurance contracts. Moreover, it explores rescission against third-party wrongdoers.

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