Research Essay : Law Assignment - Remedies based Assessment

  While relief by way of partial rescission has been awarded in Australia, the award remains controversial due to an apparent lack of judicial articulation within the various authorities as to the precise requirements of this remedy. Distinctly, it may be observed that the common law and equitable requirements of precise or substantial restitutio in integrum are not always required at statute as New South Wales courts have issued awards analogous to partial rescission to undo “unjust contracts” or in fashioning compensatory orders. Should the remedy of rescission be responsive to statutory innovations so that its rules and doctrines are applied in such a way that promotes coherence in the law? What would such a responsiveness do to the concepts of counter- restitution, election and the requirement of restitutio in integrum? Are there advantages of preserving the distinctions of rescissionary relief at common law, equity and statute in Australia over the approaches adopted by English courts?