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Part VI Other Bars, 24 Delay and Estoppel

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: 23 February 2024

Subject(s):
Agency by estoppel — Avoidance of contract — Termination/unwinding of contract — Waiver and damages

This chapter discusses the loss of the right to rescind following the failure to exercise it. It outlines the different doctrines that are engaged when delay prevents rescission. The doctrines mainly include three categories: culpable delay that results in undue prejudice; a delay that causes the right to rescind to expire due to the statute of limitations; and delay that results in an inference of waiver. However, a delay is not essential prior to rescission being barred by estoppel. The chapter explains how estoppel is governed by general principles due to the lack of authority. It examines how estoppel might arise following a consistent course of dealings, conducted on the footing that a right to rescind would not be exercised.

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