Proprietary relief without rescission
The decision of the Court of Appeal in Halley v. The Law Society [2003] EWCA Civ 97 has the potential to muddy the waters of the law of rescission. It is a fundamental principle that a fraudulent misrepresentation renders a contract voidable at the instance of the representee (Bristol and West Build...
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2004
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sg-smu-ink.sol_research-43482017-11-23T02:25:50Z Proprietary relief without rescission TANG, Hang Wu The decision of the Court of Appeal in Halley v. The Law Society [2003] EWCA Civ 97 has the potential to muddy the waters of the law of rescission. It is a fundamental principle that a fraudulent misrepresentation renders a contract voidable at the instance of the representee (Bristol and West Building Society v. Mothew [1998] Ch. 1, 22). Modern authorities suggest that the representee does not have any proprietary interest in property transferred by him pursuant to the contract before rescission (see Bristol and West Building Society v. Mothew [1998] Ch. 1, 22-23; Twinsectra Ltd. v. Yardley [1999] Lloyd's Rep. Bank. 438, 46) 2004-03-01T08:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/2390 https://ink.library.smu.edu.sg/context/sol_research/article/4348/viewcontent/4509067__1_.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Fraud Contracts Attorneys Business structures Misrepresentation Proprietary interest Bank accounts Bank fraud Investment companies Banking and Finance Law Bankruptcy Law |
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Fraud Contracts Attorneys Business structures Misrepresentation Proprietary interest Bank accounts Bank fraud Investment companies Banking and Finance Law Bankruptcy Law |
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Fraud Contracts Attorneys Business structures Misrepresentation Proprietary interest Bank accounts Bank fraud Investment companies Banking and Finance Law Bankruptcy Law TANG, Hang Wu Proprietary relief without rescission |
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The decision of the Court of Appeal in Halley v. The Law Society [2003] EWCA Civ 97 has the potential to muddy the waters of the law of rescission. It is a fundamental principle that a fraudulent misrepresentation renders a contract voidable at the instance of the representee (Bristol and West Building Society v. Mothew [1998] Ch. 1, 22). Modern authorities suggest that the representee does not have any proprietary interest in property transferred by him pursuant to the contract before rescission (see Bristol and West Building Society v. Mothew [1998] Ch. 1, 22-23; Twinsectra Ltd. v. Yardley [1999] Lloyd's Rep. Bank. 438, 46) |
| format |
text |
| author |
TANG, Hang Wu |
| author_facet |
TANG, Hang Wu |
| author_sort |
TANG, Hang Wu |
| title |
Proprietary relief without rescission |
| title_short |
Proprietary relief without rescission |
| title_full |
Proprietary relief without rescission |
| title_fullStr |
Proprietary relief without rescission |
| title_full_unstemmed |
Proprietary relief without rescission |
| title_sort |
proprietary relief without rescission |
| publisher |
Institutional Knowledge at Singapore Management University |
| publishDate |
2004 |
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https://ink.library.smu.edu.sg/sol_research/2390 https://ink.library.smu.edu.sg/context/sol_research/article/4348/viewcontent/4509067__1_.pdf |
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