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Part VII Gifts and Deeds, 29 Gifts and Deeds

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: 22 May 2024

Avoidance of contract — Termination/unwinding of contract — Passing of property

This chapter discusses the right to rescind gifts and transactions effected by deed. It clarifies gifts as being more vulnerable to rescission, while a transaction effected by deed can be rescinded at common law, aside from instances of duress and equity. Gifts are divided into categories of donationes mortis causa, testamentary gifts, and gifts inter vivos. It is important to identify the principal context that impaired consent first before considering the right to rescind a gift. The chapter then explains the principles applicable to the cancellation of deeds. It looks at orders for delivery up and cancellation, which serve to protect the rescinding party and the public by either removing the instrument from the defendant’s possession or advertising its invalidity.

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