Author: Henry Campbell Black

Publisher: Forgotten Books

Published: 2017-11-02

Total Pages: 866

ISBN-13: 9780260167118

Excerpt from A Treatise on the Rescission of Contracts and Cancellation of Written Instruments, Vol. 1 The third division of the work, occupying Chapters XXVII to XLI, deals with the adjective or administrative law of rescission, or the general subject of when and how it may be effected. Herein are considered the effect of a reservation of the right to rescind, the manner of effecting a rescission by the mutual consent of the parties, the time within which a justifiable rescission must be claimed and the effect of laches or unreasonable delay, the grounds on which a defense of waiver, estoppel, or ratification may be set up, the persons entitled to rescind, the conditions prece dent which they must observe, the circumstances which de termine whether a rescission must be entire or may be par tial, the subject of restitution or the restoration of the status quo, and the effect of intervening rights of third persons. Finally, the proceedings for rescission by the order or de cree of a court are considered in detail, including the ques tions of jurisdiction, and of the justification for the inter ference of a court of equity, and also the parties to the ac tion, the pleadings, practice, and evidence, the judgment or decree, and the operation and effect of a rescission thus brought about. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.