Remedies in Construction Law

Roger Ter Haar KC

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Page 19

CHAPTER 3 Rescission

Grounds for rescission

3.1 Under English law the principal grounds upon which a construction contract might be rescinded are:

(1) misrepresentation;
(2) duress;
(3) conflict of interest.

3.2 Other grounds for rescission of a contract can include:

(1) undue influence;
(2) impaired capacity;
(3) unconscionable bargains;
(4) third-party wrongdoing.

As these grounds for rescission have seldom been invoked in respect of construction contracts, the reader is left to investigate these matters in other textbooks.1

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