The ordinary form in which the aid of the court is invoked is a claim or counterclaim1 for rescission, in which, on discharging the necessary burden of allegation and proof2 and unless countervailed by any affirmative plea successfully raised by the representor3, the representee4 is entitled to relief of a nature to effect the objects already indicated5, that is to say, an order rescinding or setting aside the contract, with or without a prefatory declaration6, and, in certain special cases, an order for the delivery up of the instrument in which the contract is contained or recorded to be
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What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law
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