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Part XII Unwinding of the Contract, 50 Unwinding of the Contract

From: Global Sales and Contract Law (2nd Edition)

Ingeborg Schwenzer, Edgardo Muñoz

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 June 2023

Avoidance of contract — Formation of contract — Performance of contract — Termination/unwinding of contract — Validity of contract — Applicable law — Damages — Goods

This chapter tackles the unwinding of contracts. Contracts may be invalid from the outset because requirements for the formation of the contract have been lacking despite the efforts of parties to do their respective obligations. The chapter lists the possible reasons for the failure of a contract such as the lack of capacity, authority, agent, mistake, fraud, illegality, or initial impossibility. Property law, unjust enrichment, and tort law usually cover the unwinding of a contract. However, cases of avoidance are handled differently. The chapter then discusses the impact of a contract’s conclusion.

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