Contract Law Analysis: Assignment, Rescission, Restitutio in Integrum

This report provides an analysis of key concepts within contract law, specifically focusing on assignment, rescission, and restitutio in integrum. The report begins by examining the implications of assignment, emphasizing the rights and liabilities transferred, and the significance of fairness and notice to the assignee. It then explores the concept of rescission, detailing the conditions under which a contract can be cancelled due to fraud, misrepresentation, or undue influence. The report clarifies the parties involved and the impact of assignment on the right to rescind. Finally, it discusses the doctrine of restitutio in integrum, explaining its role in restoring parties to their original positions following a breach of contract, and its application in awarding damages. The analysis includes references to relevant legal principles and scholarly sources, providing a comprehensive overview of these essential contract law principles.

Contract Law

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
1 Andrew Skelton, Restitution and contract. (Informa Law from Routledge, 6th ed., 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.
2 Nathan Tamblyn, The Law of Duress and Necessity: Crime, Tort, Contract. (Routledge, 4th ed., 2017) 142.

Bibliography
Andrew Skelton, Restitution and contract. (Informa Law from Routledge, 6th ed., 2017) 100.
Nathan Tamblyn, The Law of Duress and Necessity: Crime, Tort, Contract. (Routledge, 4th
ed., 2017) 142.