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Part I Introduction, 3 Historical Foundations

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: 13 April 2024

Subject(s):
Avoidance of contract — Remedies for breach of contract — Termination/unwinding of contract — Contracts and insurance — Contract and transfer of title

This chapter traces the historical foundations of the doctrines explaining the great divide between the shape of rescission at common law and in equity. The distinctive feature of rescission at law correlates with the groups of rules concerned with the title and the right to personal claims to restitution. The principles of rescission applicable to common law were shaped by the rules regulating the forms of actions available when a contract had been achieved through fraud. Thus, the rules help simultaneously explain the structure and limitations of rescission at law. The chapter then expounds on the effects of fraud on contracts and title. It also looks at the special case of insurance wherein the relationship between law and equity was considered.

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