Title

Ong on rescission

Date of this Version

10-9-2015

Document Type

Book

Publication Details

Citation only

Ong, D. S. K. (2015). Ong on rescission. Annandale, NSW: The Federation Press.

Access the publisher

2015 HERDC submission

© Copyright, Federation Press, 2015

ISBN

978176002036

Abstract

Ong on Rescission is Professor Denis SK Ong’s fifth treatise in the field of equity. With its rigorous, yet accessible, approach to this complex area of law Ong on Rescission is a perfect supplement to his earlier acclaimed works: Trusts Law in Australia (now in its 4th edition), Ong on Equity, Ong on Specific Performance and Ong on Subrogation. The text offers a thorough study of rescission ab initio both at common law and in equity. As in his earlier works, the book offers a succinct exposition of all the key relevant principles of law, facilitated by a careful, and on occasion critical, analysis of all the leading authorities. To assist the reader, the essential passages of judgments under consideration are reproduced.

Contents

Preface

Table of Cases

Table of Statutes

1. Types of Rescission

2. Rescission Ab Initio: Restitutio in Integrum at Common Law compared with Restitutio in Integrum in Equity

3. Equity’s Concurrent and Exclusive Jurisdiction in Relation to Rescission Ab Initio

4. Intention-based Election and Estoppel-based Election

5. Third Party Interests

6. Partial Rescission

7. Executed Contracts

8. Grounds for Rescission

Index

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This document has been peer reviewed.