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Part II Grounds, 8 Conflict of Interest

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

Illegality and contract — Performance of contract — Termination/unwinding of contract — Validity of contract — Interest

This chapter explores how a conflict of interest in a case could trigger a rescission. Transactions involving the purchase or sale of trust are declared void and subject to rescission. A fair-dealing rule regulates the transactions between fiduciaries and their principals. The danger arises when a fiduciary would be tempted to favour his interests by disregarding his duty towards their principal. The chapter covers the nature and basis of the fair-dealing rule, while also tackling its relationship with presumed undue influence. It cites double employment, causation irrelevant, and bribery as examples that trigger a conflict of interest and a contract’s rescission.

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