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Part VI Other Bars, 23 Affirmation

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: 25 February 2024

Subject(s):
Avoidance of contract — Termination/unwinding of contract

In situations that express both rescission and affirmation, this chapter examines an affirmation of a transaction where actions result in the loss of the right. It explains how the right to rescind is lost by affirmation when the party entitled to rescind unequivocally manifested an intention to affirm once free from the effects of the vitiating factor. The waiver by election results from the decision to not rescind. However, the electing party must hold alternative rights that are inconsistent with one another. The chapter then expounds on the justification for permanently depriving a person of the right to rescind after expressing an intention to confirm. As a general rule, affirmation is irrevocable.

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