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Part V Third Parties, 21 Remote Recipients

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: 29 May 2024

Avoidance of contract — Interpretation of contract — Termination/unwinding of contract

This chapter explores claims to recover an asset in the hands of a remote recipient. Remote recipient refers to a purchaser, mortgagee, or other transferees who acquired interest from the guilty party to the voidable transaction. Rescission becomes available if the remote recipient is a volunteer or recipient of a crossed cheque. When taking the defeasible title granted under the voidable transaction, remote recipients of assets sold under a voidable transaction are frequently exposed to proprietary claims as a result of rescission. The chapter then expounds on the nature of the claims of remote recipients and the consequences of recovery.

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