The Law of Rescission

Dominic O'Sullivan KC is a barrister specialising in commercial law. He wrote a thesis on the law of rescission under the supervision of the late Peter Birks, at Exeter College, Oxford (1997-2000), as a Commonwealth scholar. He was called to the bar at Lincoln's Inn (2001) and after practising in London at Essex Court Chambers, returned to Australia in 2006. He was appointed Queen's Counsel by the Supreme Court of Queensland in 2014.Steven Elliott KC is a barrister specialising in commercial law. He wrote a doctoral thesis on equitable remedies at Merton College, Oxford (1997-2001) as a Commonwealth scholar. He was called to the Bar at Lincoln's Inn (2001) and practices out of the Chambers of Lord Grabiner KC, One Essex Court. Steven Elliott was appointed Queen's Counsel in 2018.Rafal Zakrzweski specializes in corporate finance with an emphasis on debt, particularly in relation to syndicated lending, acquisition finance, real estate finance, and project finance. He advises lenders and borrowers on cross-border and domestic transactions, and has extensive experience relating to joint ventures. Rafal is a partner at CMS Poland. He is a fellow of St Hugh's College, Oxford.

A model example of doctrinal scholarship

• Part I: Introduction 1: Core Distinctions 2: Rescission and Independent Claims 3: Historical Foundations Part II: Grounds 4: Misrepresentation 5: Non-Disclosure 6: Duress and Undue Influence 7: Mistake, Impaired Capacity, Unconscionable Bargains 8: Conflict of Interest 9: Third Party Wrongdoing Part III: Rescission by Election and by Court Order 10: Common Law, Equity, and Fusion 11: Electing to Rescind 12: Extinction of the Contract Part IV: Restitutio in integrum 13: General principles of restitutio in integrum 14: Mutual Restitution: Rescission at Law 15: Mutual Restitution: Rescission in Equity 16: Proprietary Claims 17: Financial Adjustments 18: Restitutio in integrum Impossible 19: Partial Rescission Part V: Third Parties 20: Intervention of Third Party Rights 21: Remote Recipients 22: Succeeding to Rights to Rescind Part VI: Other Bars 23: Affirmation 24: Delay and Estoppel 25: Bankruptcy and Winding Up 26: Contracting Out 27: Bars for Non-Fradulent Misrepresentation 28: Disproportionate Effect: Section 2(2) of the Misrepresentation Act 1967 Part VII: Gifts and Deeds 29: Gifts and Deeds