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Part V Third Parties, 22 Succeeding to Rights to Rescind

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: 17 April 2024

Avoidance of contract — Contract and transfer of title — Passing of property

This chapter explains the general principles of succeeding the rights to rescind. It highlights the process of the right to rescind property upon rescission, which is an inchoate proprietary interest in the hands of the injured party that passes to the successor by force of the second transfer. The classes of persons entitled to succeed to a right to recover upon rescission ranges between heirs at law and beneficiaries under a will. The chapter then looks at some instances wherein settlement was made by the defrauded party and by one of the predecessors in the title. It also considers the right to obtain a proprietary interest in assets upon rescission through assignment and conveyance.

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