Publication Type

Transcript

Publication Date

3-2004

Abstract

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)

Keywords

Fraud, Contracts, Attorneys, Business structures, Misrepresentation, Proprietary interest, Bank accounts, Bank fraud, Investment companies

Discipline

Banking and Finance Law | Bankruptcy Law

Publication

Cambridge Law Journal

Volume

63

Issue

1

First Page

30

Last Page

35

ISSN

0008-1973

Publisher

Cambridge University Press (CUP): HSS Journals

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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