This document discusses various aspects of contract law, including fairness in assignment, the concept of rescission, and the doctrine of restitutio in integrum. It also includes a bibliography of relevant sources.
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Table of Contents Answer to Question a.................................................................................................................3 Answer to Question b.................................................................................................................3 Answer to Question c.................................................................................................................3 Bibliography...............................................................................................................................5
Answer to Question a As far as the aspects pertaining to fairness is involved, the law related to assignment in terms of the common law principles of contract imply that the assignee is not liable to undertake the earlier equities which were concerned with the assignor since such an aspect is simply unknown to the assignee. The contract pertaining to the assignment rights must clearly mention which are the rights and liabilities being transferred to the assignee concerned. In consideration of the facts of the case, it is to be seen whether such an assignment is valid or not as far as the occurrence in the present is concerned. As a result, it is imperative that the client cannot be subjected to the earlier equities about which she had no notice at all as far as her knowledge pertaining to the same is concerned. Answer to Question b The concept of rescission implies that the respective party to the contract has the right to cancel the contract accordingly. The parties to the contract must furnish conclusive credible evidence implying that they have been victimised as a result of fraud, misrepresentation, coercion, mistake or undue influence. The main objective of the concept pertaining to rescission implies that the parties to the contract are to be brought back to the position they were supposed to the prior to the drafting and execution of the contract accordingly. Since there has been an aspect of assignment pertaining to the contract, it is presumed that the client was not a party when the negotiations were made as far as the misrepresentation pertaining to such kinds of negotiations of the contract are concerned1. As a result, it is imperative that the party aggrieved by the aspect pertaining to misrepresentation should initiate proceedings against the assignor since the assignment in a contract does not override the liabilities of the assignor as far as equity and fairness are concerned. The rescission of the contract must be decided and concluded upon taking account of the merits of the case as far as the comprehensive solution is concerned. Answer to Question c The aspect pertaining to the doctrine of restitutio in integrum implies that the parties to the contract are to be restored into the position where they would have been prior to the drafting 1Andrew Skelton,Restitution and contract. (Informa Law from Routledge, 6thed., 2017) 100.
and execution of the contract concerned. As a far as the principles governing negligence with regard to common law are concerned, damages to the aggrieved party are to be awarded in a proper and appropriate manner with regard to the doctrine of restitutio in integrum. It further implies that the aggrieved party is to be restored back to the original position where he or she should have been had there been no breach of contract as far as the common law of contract is concerned2. As a result, it is imperative that the contract can be rescinded accordingly as a far as the damages to the aggrieved party to the contract are concerned. 2Nathan Tamblyn,The Law of Duress and Necessity: Crime, Tort, Contract. (Routledge, 4thed., 2017) 142.
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Bibliography Andrew Skelton,Restitution and contract. (Informa Law from Routledge, 6thed., 2017) 100. Nathan Tamblyn,The Law of Duress and Necessity: Crime, Tort, Contract. (Routledge, 4th ed., 2017) 142.