Book section : Chapter
Understanding powers to rescind: property, equity, and unjust enrichment
- Abstract:
- This chapter consider the nature of powers to rescind, looking in particular at their impact on third parties. It considers what is at stake when we ask if such a power is proprietary, and also asks whether the terminology currently used to describe such powers is illuminating. As well as promoting our understanding of the operation of powers to rescind, the chapter aims to contribute to the wider debate about the advantages and disadvantages of particular ways of classifying rights, such as proprietary or personal, and legal or equitable. The chapter also considers the utility of the argument that in understanding both rescission and the power to rescind, it is useful to apply an unjust enrichment analytical framework.
- Publication status:
- In press
- Peer review status:
- Peer reviewed
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Authors
Contributors
+ English, J
- Institution:
- University of Oxford
- Division:
- SSD
- Department:
- Law
- Oxford college:
- Magdalen College
- Role:
- Editor
+ Atmaz al-Sibaie, J
- Institution:
- University of Oxford
- Division:
- SSD
- Department:
- Law
- Oxford college:
- Jesus College
- Role:
- Editor
- Publisher:
- Oxford University Press
- Host title:
- Issues in the law of rescission
- Language:
-
English
- Subtype:
-
Chapter
- Pubs id:
-
2410438
- Local pid:
-
pubs:2410438
- Deposit date:
-
2026-04-22
- ARK identifier:
Terms of use
- Notes:
- Accepted for publication in Issues in the law of rescission, forthcoming from Oxford University Press.
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