... is no longer a reason for knocking out the routine personal claim. In all cases of voidable transfer, the unjust enrichment is reversed by rescission and steps taken consequentially upon rescission. rights in personam rights in rem unjust enrichment obligations property remedy rights compensation...

... of legal acts mission other regarding motive reasons for the use of administrative powers void voidable jurisdiction as frequently underlying deference business judgment rule discretion non intervention principle of trust law ‘one right answer’ fallacy shareholders duty of care skill...

... a transaction voidable, particularly for misrepresentation and in Equity. Once it has been established that there is an operative misrepresentation which has induced the claimant to enter into a contract, the contract is voidable...

..., the parties may incorporate a set of terms and conditions that contain an arbitration clause into a contract. This will constitute a valid arbitration agreement if the effect is to make the arbitration clause part of the contract. arbitration jurisdiction voidable questioning jurisdiction This content...

... Birks Peter justificatory primacy obligations voidability consent rescission Allcard v Skinner voluntary action freedom Feinberg Joel restitution unjust enrichment mistake Kelly v Solari equality of exchange non domination trust promise altruism exploitation undue influence contract...

... pluralism promise theory compensation Fried Charles mistake pre contractual liability thematic necessity estoppel intention to create legal relations Kagan Shelly obligations Raz Joseph reasons exploitation fairness liberalism relations consideration rule of law voidability Birks Peter...

... contained therein. Switzerland approval process branch insolvency cash pooling directors’ liability other considerations priorities restructuring loans securing group member’s debt unsecured debt voidable transactions A. Introduction 23.01 B. Financing group restructurings pre-insolvency...

... voidable transactions A. Validity of Trusts 10.01 B. Undue Influence 10.04 Actual Undue Influence 10.06 Presumed Undue Influence 10.09 C. Setting Aside Trusts 10.18 Allegations of Sham 10.18 Mistake 10.24 D. Capacity 10.25 Capacity of Settlor Essential 10.25...

... consequences upon contracts that are formed and the reliefs available to the innocent party. English law India erroneous beliefs fraud misrepresentation and mistake Malaysia erroneous beliefs mistake fraud and misrepresentation mistake misrepresentation fraud free consent remedies voidable contracts...

..., this chapter identifies the legal requirements and doctrinal bases of an operative pre-contractual misrepresentation which, when established, means that the contract is ‘voidable’ or susceptible to rescission or being set aside. It also emphasizes the close connection between misrepresentation and mistake...

... Australian law duress undue influence unconscionability Singapore vitiating factors voidable contracts procedural unfairness substantive unfairness Like in many other common law jurisdictions, contract law in Singapore is concerned with at least two facets of the concept of ‘unfairness’. The first...

... or induced by fraud. Whether they render the contract void or voidable depends on the type of mistake. Fraud can be made by a positive act of a contract party, by non-disclosure of a party, or by a third party. They all can lead to a voidable contract. Duress is the least popular ground to set aside...

... of the Insolvency Act 1986 in England. 22.76 Section 4 of the Fraudulent Dispositions Law (1996 Revision) states that every disposition of property made with an intent to defraud and at an undervalue shall be voidable at the instance of a creditor thereby prejudiced. As noted above, there is significant overlap...

... that this method of legislating for Scotland is to be deprecated in the era of devolution. consummation of mariage devolution gender re assignment gender recognition marriage Sewel Motions voidable marriages civil partnership consent parental consent transsexuals adoption same sex couples voidable...

... Vogenauer Oxford University Press. © The several contributors 2022. DOI: 10.1093/oso/9780192859341.003.0017 The chapter explains the Philippine laws and rules on invalidity of contracts. Under Philippine law, a voidable contract is a particular kind of defective contract that is invalid because of a defect...

... circular, insofar as it assumes that any error that renders the decision unlawful is ipso facto capable of being raised by any person. Thirdly, the distinction between errors that render the decision void, and those that render it voidable, is not inconsistent with the standard view, nor with any theory...