Contract Rescission
Introduction and Overview Both the common law and equity recognise that, in certain circumstances, a party may have a right a right to rescind, avoid or “set aside” an overview
Introduction and Overview Both the common law and equity recognise that, in certain circumstances, a party may have a right a right to rescind, avoid or “set aside” an overview
Rescission Nature of the Remedy (general) Rescission is the reversal of a transaction so that each party is restored to its original position. Rescission is a remedy of both the
Nature One of laws most potent and used remedies Purpose: It orders a person to do an act or not to do an act Typical injunctions is prohibitory or negative
Part 1 Key Cases: Baltic Shipping Co v Dillon (1993) 176 CLR 344 Koufos v C Czarnikow Ltd [1969] 1 AC 350 ####Alexander v Cambridge Credit Corp Ltd (1987) 9
Civil Procedures and Arbitration Topic 1: The Adversarial System Chapter one Introduction Procedural law is the law which governs the conduct of proceedings before the court –“the mode of proceeding
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