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Lloyd's Maritime and Commercial Law Quarterly

RESALE: PERFORMANCE OR RESCISSION?

Fundamental to the sale of goods is Chalmers’ declaration that his Bill “endeavoured to reproduce as exactly as possible the existing law” and that by the Act, which was its consequence, “[s]o far as England [was] concerned, the conscious changes effected in the law [were] very slight”.1 Therefore, as well in the sale of goods as under the general law: rescission of a contract is justified, inter alia, by an event which the law classifies as a mistake, frustration of repudiatory breach; and rescission brings contractual obligations to an end only from the time of the event which justifies the rescission. For, subject to the

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