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Journal article

Limits of rescission for misrepresentation

Abstract:

Rescission is the primary remedy for misrepresentation. The Court of Appeal has recently emphasised this important point, and has also held that an interim payment can be made where a defendant pleads misrepresentation as a defence and that sum of money would be payable were rescission to be ordered at trial. Yet such a robust approach towards rescission may be undermined by the courts’ continuing reliance upon the controversial doctrine of “contractual estoppel”.

Publication status:
Published
Peer review status:
Peer reviewed

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Role:
Author
Publisher:
Elsevier
Journal:
Journal of International Banking and Financial Law More from this journal
Volume:
31
Issue:
7
Pages:
387-389
Publication date:
2016-01-01
Acceptance date:
2016-05-25
ISSN:
0269-2694
Pubs id:
pubs:627694
UUID:
uuid:09a2d163-e207-47aa-beee-ef3d7139ed4b
Local pid:
pubs:627694
Source identifiers:
627694
Deposit date:
2016-06-13

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