The principles of rescission of contracts: Comparative study of Zambia with other common law Countries

Abstract

Zambia seems not to have sufficient specific laws or guidelines governing the principles of rescission of contracts. This is evidenced by the way this area of the law is often glanced upon by courts. The purpose of this research paper has been to examine whether Zambia has sufficient legal rules and laws governing the principles of rescission of contracts either under statute or through judicial precedent or any other sources of law. The study has utilised a qualitative research paradigm. The study has found that generally Zambian courts rely heavily upon English cases, statutes and textbooks written by English authors and other legal scholars. There is need for Zambia to develop its own case law, statutes and legal textbooks on the subject matter. The writer, therefore, recommends that Zambian legal scholars and lawyers undertake research so as to write material which could serve as a guide as to what the law states. The writer further recommends that Zambia enacts a Contract Act which encompasses the principles of rescission of contracts or a specific statute relating to the various principles of rescission of contracts and that Zambia develops its case law.