Overview

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.\n\nThe 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.

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9781760020361

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Professor Ong is based at Bond University and has produced a number of books on equity, trust law, specific performance and subrogation. Ong on Rescission is a study of rescission ab initio at common law and in equity. Professor Ong provides a clear, pithy and rigorous analysis of the distinction between rescission ab initio and the prospective termination of a contract at the election of one party for breach by the other with the consequence that the contract so far as it remains executory is determined and damages for breach may be recovered. Chapter 6 explores the oddity of partial rescission found in the decision of the High Court in Vadasz v. Pioneer Concrete (SA) Pty Limited. Professor Ong carefully demonstrates that the decision in Vadasz was wrongly decided by reference to the accepted jurisprudence that if a contract cannot be rescinded in its entirety, then it cannot be rescinded at all. This is a book that will attract a wide readership from students to practitioners alike. - Queensland Law Reporter - 11 December 2015 - [2015] 48 QLR

This slim volume provides an outline study of the doctrine of rescission ab initio at common law and in equity. It commences with an examination of the distinction between rescission and termination for fundamental breach with illustrations drawn from contracts for the sale of land, those involving an arbitration clause, contracts containing an exclusion clause and partnership contracts. It then considers the requirement that rescission is only available where restitutio in integrum is available, that is, that the parties are, so far as possible, restored to pre-contract positions. This requirement is considered both at common law and in equity; the important distinction being that a court of equity may make orders effecting adjustments that may be necessary in cases where a simple handing back of property or the payment of money would not place a party in as good a position as before they entered into the transaction in issue. Chapter 3 contains a consideration of equity's concurrent and exclusive jurisdiction in relation to rescission. Having considered the circumstances in which relief by way of rescission may be available at law and in equity, the author turns his focus on disentitling conduct such as intention-based or estoppel-based election to affirm and to the interests of third parties which may impact upon the availability of a remedy. Somewhat oddly, the author leaves it to the concluding chapter to examine the non-statutory grounds for rescission: common mistake; unilateral mistake; misrepresentation; breach of fiduciary duty; undue influence; and unconscionable conduct. The work contains a useful summary of the essential legal principles by reference to the latest primary source material and, in doing so, provides a basis for further detailed research if required. - Anthony Lo Surdo, Australian Banking and Finance Law Bulletin, March 2016 Professor Ong is based at Bond University and has produced a number of books on equity, trust law, specific performance and subrogation. Ong on Rescission is a study of rescission ab initio at common law and in equity. Professor Ong provides a clear, pithy and rigorous analysis of the distinction between rescission ab initio and the prospective termination of a contract at the election of one party for breach by the other with the consequence that the contract so far as it remains executory is determined and damages for breach may be recovered. Chapter 6 explores the oddity of partial rescission found in the decision of the High Court in Vadasz v. Pioneer Concrete (SA) Pty Limited. Professor Ong carefully demonstrates that the decision in Vadasz was wrongly decided by reference to the accepted jurisprudence that if a contract cannot be rescinded in its entirety, then it cannot be rescinded at all. This is a book that will attract a wide readership from students to practitioners alike. - Queensland Law Reporter - 11 December 2015 - [2015] 48 QLR

Author Information

Denis Ong is a Professor of Law at Bond University.

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