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Google Keyword Rankings for : rescission legal remedy
1
What is Rescission: Everything You Need to Know - UpCounsel
https://www.upcounsel.com/what-is-rescission
Rescission is an equitable remedy that voids or annuls the terms of a contract. It is granted to a litigant in cases of innocent misrepresentation, fraud, ...
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https://www.upcounsel.com/what-is-rescission
Rescission is an equitable remedy that voids or annuls the terms of a contract. It is granted to a litigant in cases of innocent misrepresentation, fraud, ...
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2
The Equitable Remedy of Rescission
https://www.sandiegobusinesslawyerblog.com/equitable-remedy-rescission/
In contract law, a common equitable remedy is rescission. The word “rescission” is derived from the word “rescind” which means to cancel.
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https://www.sandiegobusinesslawyerblog.com/equitable-remedy-rescission/
In contract law, a common equitable remedy is rescission. The word “rescission” is derived from the word “rescind” which means to cancel.
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3
Rescission as a Remedy to Parties Where a Business or Real ...
https://www.wolfflaw.com/rescission-as-a-remedy-to-parties-where-a-business-or-real-estat.html
Generally speaking, rescission is a statutory and equitable remedy which restores the parties to the condition they were in prior to execution of the ...
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https://www.wolfflaw.com/rescission-as-a-remedy-to-parties-where-a-business-or-real-estat.html
Generally speaking, rescission is a statutory and equitable remedy which restores the parties to the condition they were in prior to execution of the ...
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4
Rescission Remedy Reminders for the Changing Commercial ...
https://www.lawsonlundell.com/Commercial-Litigation-and-Dispute-Resolution-Blog/rescission-remedy-reminders-for-the-changing-commercial
Rescission is a discretionary remedy that renders a contract void ab initio (or from the beginning). This requires the parties to be put back ...
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https://www.lawsonlundell.com/Commercial-Litigation-and-Dispute-Resolution-Blog/rescission-remedy-reminders-for-the-changing-commercial
Rescission is a discretionary remedy that renders a contract void ab initio (or from the beginning). This requires the parties to be put back ...
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5
Rescission | Wex | US Law | LII / Legal Information Institute
https://www.law.cornell.edu/wex/rescission
Cancellation of a contract. Rescission may be unilateral, as when a party rightfully cancels a contract because of another party's material breach.
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https://www.law.cornell.edu/wex/rescission
Cancellation of a contract. Rescission may be unilateral, as when a party rightfully cancels a contract because of another party's material breach.
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6
What Is Rescission? Requirements, How It Works, and Example
https://www.investopedia.com/terms/r/rescission.asp
Rescission involves canceling a contract and treating it as though it never existed by ensuring that all its effects are eliminated. To return all parties to ...
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https://www.investopedia.com/terms/r/rescission.asp
Rescission involves canceling a contract and treating it as though it never existed by ensuring that all its effects are eliminated. To return all parties to ...
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7
Rescission | Practical Law - Westlaw
https://content.next.westlaw.com/practical-law/document/I25b0d3b480fb11e698dc8b09b4f043e0/Rescission?viewType=FullText&ppcid=fa714018fadd4717b6f9b8da33849067&originationContext=knowHow&transitionType=KnowHowItem&contextData=%28sc.DocLink%29
At common law, the remedy of rescission is only available for fraudulent misrepresentation. In equity, the remedy of rescission is available for fraudulent, ...
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https://content.next.westlaw.com/practical-law/document/I25b0d3b480fb11e698dc8b09b4f043e0/Rescission?viewType=FullText&ppcid=fa714018fadd4717b6f9b8da33849067&originationContext=knowHow&transitionType=KnowHowItem&contextData=%28sc.DocLink%29
At common law, the remedy of rescission is only available for fraudulent misrepresentation. In equity, the remedy of rescission is available for fraudulent, ...
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8
Rescission | Practical Law - Thomson Reuters
https://uk.practicallaw.thomsonreuters.com/7-107-7151?transitionType=Default&contextData=(sc.Default)
It is one of the remedies available for misrepresentation. Rescission is an equitable remedy and will not be available if one of the bars to rescission is ...
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https://uk.practicallaw.thomsonreuters.com/7-107-7151?transitionType=Default&contextData=(sc.Default)
It is one of the remedies available for misrepresentation. Rescission is an equitable remedy and will not be available if one of the bars to rescission is ...
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9
Rescission - Irwin Law
https://irwinlaw.com/cold/rescission/
Rescission is a remedy granted to a plaintiff in the case of fraud, innocent misrepresentation, or because of some other action on the defendant's behalf that ...
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https://irwinlaw.com/cold/rescission/
Rescission is a remedy granted to a plaintiff in the case of fraud, innocent misrepresentation, or because of some other action on the defendant's behalf that ...
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10
The Equitable Remedy of Rescission: A Tool to Defeat Fraud
https://www.lexisnexis.com/legalnewsroom/insurance/b/insurancelaw/posts/the-equitable-remedy-of-rescission-a-tool-to-defeat-fraud
The remedy – called rescission – created a method to apply fairness to the insurance contract and allow an insurer to void a contract and ...
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https://www.lexisnexis.com/legalnewsroom/insurance/b/insurancelaw/posts/the-equitable-remedy-of-rescission-a-tool-to-defeat-fraud
The remedy – called rescission – created a method to apply fairness to the insurance contract and allow an insurer to void a contract and ...
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11
6 Common Remedies for Breach of Contract in Business
https://millerlawpc.com/6-remedies-breach-of-contract/
Article By: Miller Law · 1. Compensatory Damages · 2. Specific Performance · 3. Injunction · 4. Rescission · 5. Liquidated Damages · 6. Nominal ...
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https://millerlawpc.com/6-remedies-breach-of-contract/
Article By: Miller Law · 1. Compensatory Damages · 2. Specific Performance · 3. Injunction · 4. Rescission · 5. Liquidated Damages · 6. Nominal ...
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12
Rescission of Contract Law - LegalMatch
https://www.legalmatch.com/law-library/article/contract-rescission-lawyers.html
An equitable remedy means that the court uses its discretion to come up with the penalty. The court can also use other remedies for breach of ...
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https://www.legalmatch.com/law-library/article/contract-rescission-lawyers.html
An equitable remedy means that the court uses its discretion to come up with the penalty. The court can also use other remedies for breach of ...
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13
Contract Rescission and Related Consequences
https://www.binnall.com/insights-news/contract-rescission-and-related-consequences/
Rescission is an equitable, discretionary remedy available to contracting parties who are seeking to terminate a contract (for a variety of ...
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https://www.binnall.com/insights-news/contract-rescission-and-related-consequences/
Rescission is an equitable, discretionary remedy available to contracting parties who are seeking to terminate a contract (for a variety of ...
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14
rescission: contract law remedy (bars, misrepresentation ...
https://hallellis.co.uk/rescission-contract-law-meaning/
Rescission is a remedy made available when the underlying basis for making a contract is fundamentally tainted. Some conduct on behalf of a contracting party ...
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https://hallellis.co.uk/rescission-contract-law-meaning/
Rescission is a remedy made available when the underlying basis for making a contract is fundamentally tainted. Some conduct on behalf of a contracting party ...
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15
Remedies for breach of contract: legal, equitable, injunction ...
https://sheamcintyre.com/remedies-breach-contract-legal-equitable-injunction-rescission/
In an action for rescission, the injured party asks the court to declare the contract void and return the contacting parties as near as possible ...
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https://sheamcintyre.com/remedies-breach-contract-legal-equitable-injunction-rescission/
In an action for rescission, the injured party asks the court to declare the contract void and return the contacting parties as near as possible ...
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16
RESCISSION OF REAL ESTATE CONTRACTS
https://www.ponistlaw.com/wp-content/uploads/2018/11/Presentation-Outline.pdf
Contract Remedy: Rescission is a remedy that disaffirms the contract. ... legal effectiveness of the contract as modified, and a rescission,.
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https://www.ponistlaw.com/wp-content/uploads/2018/11/Presentation-Outline.pdf
Contract Remedy: Rescission is a remedy that disaffirms the contract. ... legal effectiveness of the contract as modified, and a rescission,.
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17
Remedies for Breach of Contract - Judicial Education Center
http://jec.unm.edu/education/online-training/contract-law-tutorial/remedies-for-breach-of-contract
There are several remedies for breach of contract, such as award of damages, specific performance, rescission, andrestitution. In courts of limited jurisdiction ...
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http://jec.unm.edu/education/online-training/contract-law-tutorial/remedies-for-breach-of-contract
There are several remedies for breach of contract, such as award of damages, specific performance, rescission, andrestitution. In courts of limited jurisdiction ...
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18
Rescission as a Self-Help Remedy: A Critical Analysis - jstor
https://www.jstor.org/stable/4508712
2 This article will not deal with those "fundamental" common mistakes often said to rende contract void at common law (see Bell v. Lerer Bros Ltd [1932] AC 161) ...
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https://www.jstor.org/stable/4508712
2 This article will not deal with those "fundamental" common mistakes often said to rende contract void at common law (see Bell v. Lerer Bros Ltd [1932] AC 161) ...
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19
Rescission of a contract | Legal Guidance - LexisNexis
https://www.lexisnexis.co.uk/legal/guidance/rescission-of-a-contract
At common law rescission operates as a self-help remedy, meaning the innocent party may rescind by communicating their decision to do so (usually, ...
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https://www.lexisnexis.co.uk/legal/guidance/rescission-of-a-contract
At common law rescission operates as a self-help remedy, meaning the innocent party may rescind by communicating their decision to do so (usually, ...
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20
Equitable Remedies for Breach of Contract
https://www.esqnj.com/equitable-remedies-for-breach-of-contract.html
Another equitable contract remedy is rescission. Rescission is a process by which a court, when certain requirements have been proven, may cancel a contract.
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https://www.esqnj.com/equitable-remedies-for-breach-of-contract.html
Another equitable contract remedy is rescission. Rescission is a process by which a court, when certain requirements have been proven, may cancel a contract.
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21
Rescission and Reformation - Friedman Vartolo LLP
https://friedmanvartolo.com/services/real-estate-litigation/rescission-and-reformation/
Rescission is the “unwinding of a transaction”. It is an equitable remedy that cancels an existing contract and restores the parties to their positions ...
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https://friedmanvartolo.com/services/real-estate-litigation/rescission-and-reformation/
Rescission is the “unwinding of a transaction”. It is an equitable remedy that cancels an existing contract and restores the parties to their positions ...
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22
Return Of Benefits As Prerequisite To Contract Rescission
https://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=3833&context=wlulr
restored before an action will lie. There, in order that the plaintiff may have a legal remedy based upon rescission by the act of the party himself, ...
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https://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=3833&context=wlulr
restored before an action will lie. There, in order that the plaintiff may have a legal remedy based upon rescission by the act of the party himself, ...
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23
Remedies for a Breach of Contract in Florida - Business Law
https://jflawfirm.com/remedies-for-a-breach-of-contract-in-florida/
Rescission refers to an equitable remedy that permits a party involved in a legal agreement to cancel the contract.
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https://jflawfirm.com/remedies-for-a-breach-of-contract-in-florida/
Rescission refers to an equitable remedy that permits a party involved in a legal agreement to cancel the contract.
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24
Rescinding a Contract in California - What Is It and What Effect ...
https://www.stimmel-law.com/en/articles/rescinding-contract-california-what-it-and-what-effect-does-it-have
But the law grants a party the ability to revoke (“rescind”) an agreement subject to strict criteria even after the agreement has been signed. This right is ...
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https://www.stimmel-law.com/en/articles/rescinding-contract-california-what-it-and-what-effect-does-it-have
But the law grants a party the ability to revoke (“rescind”) an agreement subject to strict criteria even after the agreement has been signed. This right is ...
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25
3 Possible Remedies for a Contract Breach
https://sglawcorp.com/3-possible-remedies-contract-breach/
Rescission is when one party seeks to have the contract terminated due to fraud, errors, or undue influence from outside. The party seeking ...
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https://sglawcorp.com/3-possible-remedies-contract-breach/
Rescission is when one party seeks to have the contract terminated due to fraud, errors, or undue influence from outside. The party seeking ...
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26
The 3 Must-Have Conditions to Rescind a Contract in New York
https://www.jonathancooperlaw.com/library/the-3-must-have-conditions-to-rescind-a-contract-in-new-york.cfm
"[T]he equitable remedy [of rescission] is to be invoked only when there is lacking complete and adequate remedy at law and where the status quo may be ...
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https://www.jonathancooperlaw.com/library/the-3-must-have-conditions-to-rescind-a-contract-in-new-york.cfm
"[T]he equitable remedy [of rescission] is to be invoked only when there is lacking complete and adequate remedy at law and where the status quo may be ...
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27
Material Breach of Contract, Rescission - St Louis Attorney
https://elsterlaw.com/missouri-law-blog/material-breach-contract-rescission/
In breach of contract litigation, the usual remedy is that the breaching party must pay money damages on account of the breach. In some cases, however, a breach ...
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https://elsterlaw.com/missouri-law-blog/material-breach-contract-rescission/
In breach of contract litigation, the usual remedy is that the breaching party must pay money damages on account of the breach. In some cases, however, a breach ...
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28
Equitable Remedies for Contract Actions: Florida
https://www.shutts.com/assets/htmldocuments/Equitable%20Remedies%20for%20Contract%20Actions%20Florida%20w-025-4980.pdf
Specifically, this Q&A discusses injunctions, rescission, reformation, and specific performance. Page 2. 2 Practical Law. © 2021 Thomson Reuters. All rights ...
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https://www.shutts.com/assets/htmldocuments/Equitable%20Remedies%20for%20Contract%20Actions%20Florida%20w-025-4980.pdf
Specifically, this Q&A discusses injunctions, rescission, reformation, and specific performance. Page 2. 2 Practical Law. © 2021 Thomson Reuters. All rights ...
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29
Rescission of Contracts - California Law Revision Commission
http://www.clrc.ca.gov/pub/Printed-Reports/Pub031.pdf
25 If the remedy can be likened to historic equitable remedies, jury trial is not available. If it is more readily analogous to a historic legal remedy, the ...
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http://www.clrc.ca.gov/pub/Printed-Reports/Pub031.pdf
25 If the remedy can be likened to historic equitable remedies, jury trial is not available. If it is more readily analogous to a historic legal remedy, the ...
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30
Rescission and its Effect on Restitution | Israel Law Review
https://www.cambridge.org/core/journals/israel-law-review/article/rescission-and-its-effect-on-restitution/47842919136E8511F2CE2B30D2AD5183
Rescission is one of the most important activities in the law of contract. The right or the possibility to rescind is no less important than the right to ...
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https://www.cambridge.org/core/journals/israel-law-review/article/rescission-and-its-effect-on-restitution/47842919136E8511F2CE2B30D2AD5183
Rescission is one of the most important activities in the law of contract. The right or the possibility to rescind is no less important than the right to ...
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31
Rescission - McMahon Legal Guide
https://mcmahonsolicitors.ie/rescission/
Rescission is an equitable remedy by which contracts and other instruments are set aside by the court. It is an equitable order. The effect of the order is that ...
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https://mcmahonsolicitors.ie/rescission/
Rescission is an equitable remedy by which contracts and other instruments are set aside by the court. It is an equitable order. The effect of the order is that ...
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32
Against Insurance Rescission - The Yale Law Journal
https://www.yalelawjournal.org/pdf/914_bqixdfz9.pdf
Rescission of the insurance contract is the normal remedy for misrepresentations on an insurance application. Where an insured makes a misrepresentation without ...
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https://www.yalelawjournal.org/pdf/914_bqixdfz9.pdf
Rescission of the insurance contract is the normal remedy for misrepresentations on an insurance application. Where an insured makes a misrepresentation without ...
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33
Remedies for Breach of Contract Explained - O'Flaherty Law
https://www.oflaherty-law.com/learn-about-law/what-are-some-remedies-for-breach-of-contract
Rescission is a remedy used to terminate a contract when parties entered into a contract by way of fraud, undue influence, coercion, or mistake.
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https://www.oflaherty-law.com/learn-about-law/what-are-some-remedies-for-breach-of-contract
Rescission is a remedy used to terminate a contract when parties entered into a contract by way of fraud, undue influence, coercion, or mistake.
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34
Contract Law Rescission (Kansas)
https://kincaidlawkc.com/contract-law-rescission-kansas/
2d, Contracts § 512, p. 994). This is powerful. The Kansas courts are essentially saying that rescission is a remedy that allows the parties to ...
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https://kincaidlawkc.com/contract-law-rescission-kansas/
2d, Contracts § 512, p. 994). This is powerful. The Kansas courts are essentially saying that rescission is a remedy that allows the parties to ...
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35
§ 28:2A–505. Cancellation and termination and effect of ...
https://code.dccouncil.gov/us/dc/council/code/sections/28:2A-505
D.C. Law Library ... of cancellation, termination, rescission, or fraud on rights and remedies. ... (July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.) ...
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https://code.dccouncil.gov/us/dc/council/code/sections/28:2A-505
D.C. Law Library ... of cancellation, termination, rescission, or fraud on rights and remedies. ... (July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.) ...
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36
Rescission of contract - Legal Services India
http://www.legalservicesindia.com/article/1696/Rescission-of-contract.html
Rescission of a contract is remedy offered for a contract if entered in by mis- representation, mutual rescission is possible only if both the parties can be ...
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http://www.legalservicesindia.com/article/1696/Rescission-of-contract.html
Rescission of a contract is remedy offered for a contract if entered in by mis- representation, mutual rescission is possible only if both the parties can be ...
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37
Rescission Of A Contract Of Sale Of Goods
https://onlinelibrary.wiley.com/doi/pdf/10.1111/j.1468-2230.1959.tb00517.x
the buyer to his remedy at law. In technical language, a claim to rescind on the ground that a term of the contract had been broken.
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https://onlinelibrary.wiley.com/doi/pdf/10.1111/j.1468-2230.1959.tb00517.x
the buyer to his remedy at law. In technical language, a claim to rescind on the ground that a term of the contract had been broken.
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38
Supreme Court of Canada holds equitable remedy of ... - EY
https://www.ey.com/en_gl/tax-alerts/supreme-court-of-canada-holds-equitable-remedy-of-rescission-is-not-available-to-remedy-adverse-tax-consequences
Rescission is an equitable remedy, distinct from rectification, that serves to retroactively cancel, annul or set aside a transaction in ...
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https://www.ey.com/en_gl/tax-alerts/supreme-court-of-canada-holds-equitable-remedy-of-rescission-is-not-available-to-remedy-adverse-tax-consequences
Rescission is an equitable remedy, distinct from rectification, that serves to retroactively cancel, annul or set aside a transaction in ...
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39
2010 California Code Civil Code Chapter 2. Rescission
https://law.justia.com/codes/california/2010/civ/1688-1693.html
1688. A contract is extinguished by its rescission. 1689. (a) A contract may be rescinded if all the parties thereto consent. ... (2) If the consideration for the ...
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https://law.justia.com/codes/california/2010/civ/1688-1693.html
1688. A contract is extinguished by its rescission. 1689. (a) A contract may be rescinded if all the parties thereto consent. ... (2) If the consideration for the ...
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40
BASIS TO RESCIND A CONTRACT UNDER EQUITABLE ...
https://www.floridaconstructionlegalupdates.com/basis-to-rescind-contract-under-equitable-remedy-of-rescission/
Rescission of a contract is an equitable remedy when there is no available remedy at law (breach of contract). It oftentimes applies when ...
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https://www.floridaconstructionlegalupdates.com/basis-to-rescind-contract-under-equitable-remedy-of-rescission/
Rescission of a contract is an equitable remedy when there is no available remedy at law (breach of contract). It oftentimes applies when ...
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41
law-rescission-remedy - Houston Opinions
http://www.houston-opinions.com/law-rescission-remedy.html
law-rescission-remedy | equitable remedies | contract defenses | RESCISSION Rescission is an equitable remedy that operates to extinguish a contract that is ...
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http://www.houston-opinions.com/law-rescission-remedy.html
law-rescission-remedy | equitable remedies | contract defenses | RESCISSION Rescission is an equitable remedy that operates to extinguish a contract that is ...
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42
Contract Law Remedies for Breach: Equitable Remedies
https://www.youtube.com/watch?v=o1SNAHBhGzk
Business Law Institute
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https://www.youtube.com/watch?v=o1SNAHBhGzk
Business Law Institute
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43
Rescission of Contracts - Law Dictionary - LexRoll.com
https://encyclopedia.lexroll.com/encyclopedia/rescission/
Contracts/Remedies. Rescission is a contractual remedy that involves the avoidance or setting aside of a contract and returning the parties to their precontract ...
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https://encyclopedia.lexroll.com/encyclopedia/rescission/
Contracts/Remedies. Rescission is a contractual remedy that involves the avoidance or setting aside of a contract and returning the parties to their precontract ...
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44
Rescission in Texas: A Suspect Remedy - HeinOnline
https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/rol31§ion=20
in equity but that it occasionally resembles rescission at law. Part IV ... legal remedy and at the same time permits additional claims giving rise to.
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https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/rol31§ion=20
in equity but that it occasionally resembles rescission at law. Part IV ... legal remedy and at the same time permits additional claims giving rise to.
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45
What is rescission of a trade? | Rabin Kammerer Johnson
https://www.mccaberabin.com/securities-arbitration-faq/what-is-rescission-of-a-trade/
Historically, rescission was considered an “equitable” remedy, such that a plaintiff had to show that he or she had no adequate remedy at law in order to ...
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https://www.mccaberabin.com/securities-arbitration-faq/what-is-rescission-of-a-trade/
Historically, rescission was considered an “equitable” remedy, such that a plaintiff had to show that he or she had no adequate remedy at law in order to ...
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46
Rescission, Reformation, Replevin - Condor Law
https://condorlaw.com/rescission-reformation-replevin/
Rescission is an equitable remedy, meaning that it is discretionary or up to the judge's decision. It is not an immediate right and is only available under ...
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https://condorlaw.com/rescission-reformation-replevin/
Rescission is an equitable remedy, meaning that it is discretionary or up to the judge's decision. It is not an immediate right and is only available under ...
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47
FORT LAUDERDALE BUSINESS LITIGATION: RESCISSION ...
https://www.mavricklaw.com/blog/fort-lauderdale-business-litigation-rescission-of-a-contract/
To preserve the legal right to invoke the remedy of rescission, when the basis for rescission is discover must immediately reject any ...
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https://www.mavricklaw.com/blog/fort-lauderdale-business-litigation-rescission-of-a-contract/
To preserve the legal right to invoke the remedy of rescission, when the basis for rescission is discover must immediately reject any ...
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48
Equitable Rescission - Mondaq
https://www.mondaq.com/advicecentre/content/4024/Equitable-Rescission
Rescission is a remedy, not a cause of action, which means it can only be used in defense against an unwanted legal consequence of the contract. Further, ...
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https://www.mondaq.com/advicecentre/content/4024/Equitable-Rescission
Rescission is a remedy, not a cause of action, which means it can only be used in defense against an unwanted legal consequence of the contract. Further, ...
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49
Contract Law and Litigation - American Bar Association
https://www.americanbar.org/groups/business_law/publications/the_business_lawyer/find_by_subject/buslaw_tbl_mci_contractlawlit/
Compounding the ambiguity, two different restorative remedies share the name "restitution." One is the remedy of rescission, allowing the ...
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https://www.americanbar.org/groups/business_law/publications/the_business_lawyer/find_by_subject/buslaw_tbl_mci_contractlawlit/
Compounding the ambiguity, two different restorative remedies share the name "restitution." One is the remedy of rescission, allowing the ...
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50
Rescission: A Broader Remedy Than You Think
http://www.bottomlineresearch.ca/pdf/rescission.pdf
There seems to be a commonly held opinion among legal practitioners that restitutio in integrum is a sine qua non of the remedy of rescission.
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http://www.bottomlineresearch.ca/pdf/rescission.pdf
There seems to be a commonly held opinion among legal practitioners that restitutio in integrum is a sine qua non of the remedy of rescission.
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51
concurring opinion - IN THE SUPREME COURT OF TEXAS
https://www.txcourts.gov/media/1441950/160770c.pdf
request for rescission and obtained that remedy, the forfeiture clause, ... remedies or defenses, including common law remedies or defenses.
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https://www.txcourts.gov/media/1441950/160770c.pdf
request for rescission and obtained that remedy, the forfeiture clause, ... remedies or defenses, including common law remedies or defenses.
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52
Remedies for a Breach of Contract - HG.org
https://www.hg.org/legal-articles/remedies-for-a-breach-of-contract-20711
Rescission of the contract is a remedy that allows the non-breaching party to cancel his or her responsibilities under the contract. This remedy might be ...
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https://www.hg.org/legal-articles/remedies-for-a-breach-of-contract-20711
Rescission of the contract is a remedy that allows the non-breaching party to cancel his or her responsibilities under the contract. This remedy might be ...
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53
separating rescission and restitution
https://ore.exeter.ac.uk/repository/bitstream/handle/10871/28768/separating%20rescission%20and%20restitution%20final.pdf?sequence=3&isAllowed=y
Rescission is a matter for contract law (whether that remedy arises at common law or in equity). Restitution of what passed under the rescinded.
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https://ore.exeter.ac.uk/repository/bitstream/handle/10871/28768/separating%20rescission%20and%20restitution%20final.pdf?sequence=3&isAllowed=y
Rescission is a matter for contract law (whether that remedy arises at common law or in equity). Restitution of what passed under the rescinded.
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54
Equitable Remedies for Contract Actions: Illinois
https://www.quinnemanuel.com/media/eq0bcbvs/equitable-remedies-for-contract-actions-illinois-w-019-8766.pdf
A party seeking to rescind a contract under Illinois law must demonstrate that: ... equitable remedy of rescission and contract damages,.
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https://www.quinnemanuel.com/media/eq0bcbvs/equitable-remedies-for-contract-actions-illinois-w-019-8766.pdf
A party seeking to rescind a contract under Illinois law must demonstrate that: ... equitable remedy of rescission and contract damages,.
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55
Equitable Remedies in Contracts | Definition & Examples
https://study.com/learn/lesson/equitable-remedies-in-contracts-definition-examples.html
There are two types of remedies in contract law: equitable and legal. A court can grant an equitable remedy to rectify or make right what has ...
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https://study.com/learn/lesson/equitable-remedies-in-contracts-definition-examples.html
There are two types of remedies in contract law: equitable and legal. A court can grant an equitable remedy to rectify or make right what has ...
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56
TEX. CASE LAW --> RESCISSION - Texas Opinions
http://www.texas-opinions.com/law-rescission.html
The Court reverses the court of appeals' judgment and renders judgment. ... WHAT IS RESCISSION AS DEFINED BY TEXAS COURTS? ... party demonstrates a breach in a ...
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http://www.texas-opinions.com/law-rescission.html
The Court reverses the court of appeals' judgment and renders judgment. ... WHAT IS RESCISSION AS DEFINED BY TEXAS COURTS? ... party demonstrates a breach in a ...
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57
Rescission and Set Aside of Family Law Settlements and ...
https://hansonflg.com/blog/rescissionsetasidefamilylawsettlementsandjudgements
If a judgment has not been entered, your remedy is rescission – “self-help” rescission by notice under Civil Code section 1689 and/or a motion/ ...
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https://hansonflg.com/blog/rescissionsetasidefamilylawsettlementsandjudgements
If a judgment has not been entered, your remedy is rescission – “self-help” rescission by notice under Civil Code section 1689 and/or a motion/ ...
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58
Award of Damages in Addition to Rescission in Sale of Goods
https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=5443&context=lawreview
This section codified the New York common law rule which limited the rescinding vendee's ... Although rescission is a comparatively modern remedy, still its.
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https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=5443&context=lawreview
This section codified the New York common law rule which limited the rescinding vendee's ... Although rescission is a comparatively modern remedy, still its.
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59
What Are the Remedies Available for a Contract Breach?
https://www.bc-llp.com/what-are-the-remedies-available-for-a-contract-breach/
In the event that either party to a contractual agreement fails to perform according to the terms of the contract, the other party may take legal action. The ...
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https://www.bc-llp.com/what-are-the-remedies-available-for-a-contract-breach/
In the event that either party to a contractual agreement fails to perform according to the terms of the contract, the other party may take legal action. The ...
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60
Learn About Rescission And Contract | Chegg.com
https://www.chegg.com/learn/business/business-law/rescission-and-contract
In the law of contract, rescission is viewed as the unmaking of a contract between the parties. It is basically unwinding a transaction. The rescission of the ...
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https://www.chegg.com/learn/business/business-law/rescission-and-contract
In the law of contract, rescission is viewed as the unmaking of a contract between the parties. It is basically unwinding a transaction. The rescission of the ...
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61
Am Jur 2d - Contracts § 513 | FindLaw
https://reference.findlaw.com/amjur/contracts-sect-513.html
A rescission is an avoidance of a transaction and will normally be accompanied by restitution on both sides; rescission is thus less a remedy and more a matter ...
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https://reference.findlaw.com/amjur/contracts-sect-513.html
A rescission is an avoidance of a transaction and will normally be accompanied by restitution on both sides; rescission is thus less a remedy and more a matter ...
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62
Section 2A-505 - Massachusetts Legislature
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter106/Article2A/Section2A-505
Section 2A-505: Cancellation and Termination and Effect of Cancellation, Termination, Rescission, or Fraud on Rights and Remedies. Section 2A–505.
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https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter106/Article2A/Section2A-505
Section 2A-505: Cancellation and Termination and Effect of Cancellation, Termination, Rescission, or Fraud on Rights and Remedies. Section 2A–505.
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63
Contract Interpretation and Remedies
http://www.wra.org/LU9812/
Wisconsin REALTORS® Association Legal. Hotline with specific questions or for ... legal remedies such as specific ... rescission of the contract. The Update.
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http://www.wra.org/LU9812/
Wisconsin REALTORS® Association Legal. Hotline with specific questions or for ... legal remedies such as specific ... rescission of the contract. The Update.
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64
Fulfilling or Ending a Contract
https://www.hobartlegal.org.au/handbook/consumers-money-and-debts/contracts-2/fulfilling-or-ending-a-contract/
Rescission is one of the remedies available for misleading or unconscionable conduct under the Australian Consumer Law (Section 243).
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https://www.hobartlegal.org.au/handbook/consumers-money-and-debts/contracts-2/fulfilling-or-ending-a-contract/
Rescission is one of the remedies available for misleading or unconscionable conduct under the Australian Consumer Law (Section 243).
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65
No Right of Rescission Sample Clauses - Law Insider
https://www.lawinsider.com/clause/no-right-of-rescission
No Right of Rescission. Other than in the event of fraud or fraudulent misrepresentation, the sole remedy of the Purchaser for breach of the Warranties shall be ...
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https://www.lawinsider.com/clause/no-right-of-rescission
No Right of Rescission. Other than in the event of fraud or fraudulent misrepresentation, the sole remedy of the Purchaser for breach of the Warranties shall be ...
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66
Court of Appeal clarifies approach to ordering rescission for ...
https://hsfnotes.com/litigation/2015/07/24/court-of-appeal-clarifies-approach-to-ordering-rescission-for-misrepresentation/
In all such cases, the innocent party may seek rescission – an equitable remedy which means the contract is set aside and the parties are ...
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https://hsfnotes.com/litigation/2015/07/24/court-of-appeal-clarifies-approach-to-ordering-rescission-for-misrepresentation/
In all such cases, the innocent party may seek rescission – an equitable remedy which means the contract is set aside and the parties are ...
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67
Rescission - Sewell & Kettle Lawyers
https://sklawyers.com.au/dictionary/rescission/
An equitable remedy which allows a party to a contract, to elect, upon the other's breach, to cancel the contract, thereby eliminating all future obligations.
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https://sklawyers.com.au/dictionary/rescission/
An equitable remedy which allows a party to a contract, to elect, upon the other's breach, to cancel the contract, thereby eliminating all future obligations.
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68
Rescission - Florida Litigation Guide
https://floridalitigationguide.com/rescission/
Rescission · The character or relationship of the parties; · The making of the contract; · The existence of fraud, mutual mistake, false representation, ...
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https://floridalitigationguide.com/rescission/
Rescission · The character or relationship of the parties; · The making of the contract; · The existence of fraud, mutual mistake, false representation, ...
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69
Remedies in contract law - E-lawresources
http://www.e-lawresources.co.uk/Contract-remedies.php
Rescission is an equitable remedy available at the discretion of the judge. Rescission seeks to place the parties back in their pre-contractual position and ...
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http://www.e-lawresources.co.uk/Contract-remedies.php
Rescission is an equitable remedy available at the discretion of the judge. Rescission seeks to place the parties back in their pre-contractual position and ...
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70
16.5 Limitations on Contract Remedies
https://saylordotorg.github.io/text_legal-aspects-of-marketing-and-sales/s19-05-limitations-on-contract-remedi.html
If a party is the victim of fraud, she must act promptly to rescind at common law, or she will lose the right and her remedy will be limited to damages in tort.
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https://saylordotorg.github.io/text_legal-aspects-of-marketing-and-sales/s19-05-limitations-on-contract-remedi.html
If a party is the victim of fraud, she must act promptly to rescind at common law, or she will lose the right and her remedy will be limited to damages in tort.
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71
Rescission - The Law Offices of John T. Blanchard, P.C.
http://www.jtblaw.com/rescission.shtml
Yes, in California this is a legal remedy, not an equitable remedy. See below. Rescission "extinguishes" a contract ab initio; that is, the contract becomes a ...
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http://www.jtblaw.com/rescission.shtml
Yes, in California this is a legal remedy, not an equitable remedy. See below. Rescission "extinguishes" a contract ab initio; that is, the contract becomes a ...
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72
What Is The Law On Rescission Of Contract in Malaysia?
https://fareezlaw.com/contract-act/what-is-the-law-on-rescission-of-contract-in-malaysia/
Rescission is a remedy that puts parties in the original position they were in before the contract was entered between them. In this regard, each party is ...
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https://fareezlaw.com/contract-act/what-is-the-law-on-rescission-of-contract-in-malaysia/
Rescission is a remedy that puts parties in the original position they were in before the contract was entered between them. In this regard, each party is ...
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73
Contracts/Rescission - Wiki Law School
https://www.wikilawschool.net/wiki/Contracts/Rescission
In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the ...
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https://www.wikilawschool.net/wiki/Contracts/Rescission
In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the ...
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74
Contract Rescission - Jameson Law
https://jamesonlaw.com.au/commercial-law/contract-rescission/
Both at common law and in equity, a party's right to rescind a contract or other transaction is conditional on restitutio in integram – that is, the transaction ...
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https://jamesonlaw.com.au/commercial-law/contract-rescission/
Both at common law and in equity, a party's right to rescind a contract or other transaction is conditional on restitutio in integram – that is, the transaction ...
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75
Statutory Changes in the Law of Recession in California
https://repository.uchastings.edu/cgi/viewcontent.cgi?article=2018&context=hastings_law_journal
adjudication by the court of the rescission of a contract. This type of ... and yet retains the legal remedy for rescission based on all other grounds.
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https://repository.uchastings.edu/cgi/viewcontent.cgi?article=2018&context=hastings_law_journal
adjudication by the court of the rescission of a contract. This type of ... and yet retains the legal remedy for rescission based on all other grounds.
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76
Remedies for Breach of Contract - Boyer Law Firm
https://boyerlawfirm.com/blog/remedies-breach-contract/
Rescission is a highly sought remedy for a contract breach. In such a remedy, the contract is annulled. For example, if there are two parties in ...
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https://boyerlawfirm.com/blog/remedies-breach-contract/
Rescission is a highly sought remedy for a contract breach. In such a remedy, the contract is annulled. For example, if there are two parties in ...
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77
Court Grants Rescission Due to Seller's Fraud
https://michiganrelaw.com/2022/02/08/michigan-sellers-disclosure-act-court-grants-rescission-due-to-sellers-fraud/
Mesh v Citrin, 299 Mich 527; 300 NW 870, 872 (1941). Importantly, rescission is an equitable remedy and generally not allowed if another remedy ...
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https://michiganrelaw.com/2022/02/08/michigan-sellers-disclosure-act-court-grants-rescission-due-to-sellers-fraud/
Mesh v Citrin, 299 Mich 527; 300 NW 870, 872 (1941). Importantly, rescission is an equitable remedy and generally not allowed if another remedy ...
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78
Code of Virginia Code - Article 8. Remedies - Virginia Law
https://law.lis.virginia.gov/vacodefull/title59.1/chapter43/article8/
(c) Rescission or a claim for rescission of the contract, or refusal of the information, does not preclude and is not inconsistent with a claim for damages ...
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https://law.lis.virginia.gov/vacodefull/title59.1/chapter43/article8/
(c) Rescission or a claim for rescission of the contract, or refusal of the information, does not preclude and is not inconsistent with a claim for damages ...
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79
Contract Rescission | NY Construction Law
https://www.nyconstructionlaw.com/contract-rescission/
Contracts that are procured through fraud often allow the innocent party to rescind the contract if the parties can be placed in the ...
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https://www.nyconstructionlaw.com/contract-rescission/
Contracts that are procured through fraud often allow the innocent party to rescind the contract if the parties can be placed in the ...
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80
Rescission - Legal Dictionary
https://legal-dictionary.thefreedictionary.com/rescission
revocation of a contract. In the event of a breach of a contract, rescission is the remedy sought to bring the contract to an end, allowing the innocent party ...
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https://legal-dictionary.thefreedictionary.com/rescission
revocation of a contract. In the event of a breach of a contract, rescission is the remedy sought to bring the contract to an end, allowing the innocent party ...
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81
RESCISSION Seminar, College of Law, Sydney, 10 March ...
https://13wentworth.com.au/wp-content/uploads/2019/01/rescission2.pdf
The common law remedy of rescission is “self help”. A person entitled to rescind – for example, on the ground of fraud or duress – communicates ...
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https://13wentworth.com.au/wp-content/uploads/2019/01/rescission2.pdf
The common law remedy of rescission is “self help”. A person entitled to rescind – for example, on the ground of fraud or duress – communicates ...
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82
Rescission decision lacks precision - Gowling WLG
https://gowlingwlg.com/en/insights-resources/articles/2021/rescission-decision-lacks-precision/
rescission or rectification are carefully guarded and discretionary judicial remedies, and the outcome of an application is fact-driven; ...
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https://gowlingwlg.com/en/insights-resources/articles/2021/rescission-decision-lacks-precision/
rescission or rectification are carefully guarded and discretionary judicial remedies, and the outcome of an application is fact-driven; ...
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83
Intent to Defraud Not Necessary to Obtain Rescission of Contract
http://nyfraudclaims.com/intent-to-defraud-not-necessary-to-obtain-rescission-of-contract/
It is, undoubtedly, a general rule of law, that a party who would rescind a contract, upon *153 the ground of fraud, must act promptly and ...
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http://nyfraudclaims.com/intent-to-defraud-not-necessary-to-obtain-rescission-of-contract/
It is, undoubtedly, a general rule of law, that a party who would rescind a contract, upon *153 the ground of fraud, must act promptly and ...
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84
What remedies are available in a breach of contract case?
https://www.dhplaw.com/blog/2014/10/what-remedies-are-available-in-a-breach-of-contract-case/
The most common remedy is money damages, but the plaintiff may in some circumstances pursue rescission, specific performance or injunctive ...
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https://www.dhplaw.com/blog/2014/10/what-remedies-are-available-in-a-breach-of-contract-case/
The most common remedy is money damages, but the plaintiff may in some circumstances pursue rescission, specific performance or injunctive ...
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85
What is Rescission? When can a Contract be Rescinded ...
https://docpro.com/blog116/what-is-rescission-when-can-a-contract-be-rescinded-with-examples
In cases of fraudulent misrepresentation, duress or undue influence, rescission is a remedy the court award to the innocent party.
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https://docpro.com/blog116/what-is-rescission-when-can-a-contract-be-rescinded-with-examples
In cases of fraudulent misrepresentation, duress or undue influence, rescission is a remedy the court award to the innocent party.
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86
Remedies Videos: Rescission I - Quimbee
https://www.quimbee.com/courses/remedies/lessons/rescission-i
This is one of two videos concerning the equitable remedy of rescission, which cancels a contract between two parties. In some cases, a plaintiff files a ...
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https://www.quimbee.com/courses/remedies/lessons/rescission-i
This is one of two videos concerning the equitable remedy of rescission, which cancels a contract between two parties. In some cases, a plaintiff files a ...
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87
Rescission - Definition, Examples, Cases, Processes
https://legaldictionary.net/rescission/
Rescission of a contract may be ordered by a court as an equitable remedy in a civil lawsuit, and is intended to bring the parties as close to ...
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https://legaldictionary.net/rescission/
Rescission of a contract may be ordered by a court as an equitable remedy in a civil lawsuit, and is intended to bring the parties as close to ...
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88
Third Party Rights Not Absolute Bar on Rescission of Bonds ...
https://www.lexology.com/library/detail.aspx?g=b7d1c0cd-ad80-4470-b739-7b7e90388e86
Rescission is an equitable remedy that is available when a party has done something that is considered to be "against good conscience." However, ...
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https://www.lexology.com/library/detail.aspx?g=b7d1c0cd-ad80-4470-b739-7b7e90388e86
Rescission is an equitable remedy that is available when a party has done something that is considered to be "against good conscience." However, ...
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89
Kevin Schlosser Authors, "Intent to Defraud Not… - Meyer Suozzi
https://www.msek.com/blog/kevin-schlosser-authors-intent-to-defraud-not-necessary-to-obtain-rescission-of-contract
It is, undoubtedly, a general rule of law, that a party who would rescind a contract, upon *153 the ground of fraud, must act promptly and ...
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https://www.msek.com/blog/kevin-schlosser-authors-intent-to-defraud-not-necessary-to-obtain-rescission-of-contract
It is, undoubtedly, a general rule of law, that a party who would rescind a contract, upon *153 the ground of fraud, must act promptly and ...
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90
Case 3:12-cv-02012-JMM Document 8 Filed 04/23/13 Page 1 ...
https://pennstatelaw.psu.edu/_file/aglaw/Marcellus_Shale/Mackachinis_v_McCosar_Minerals_4-23-13.pdf
Courts interpreting Pennsylvania law have allowed the equitable remedy of rescission to make a plaintiff whole in instances when the breach alleged is material ...
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https://pennstatelaw.psu.edu/_file/aglaw/Marcellus_Shale/Mackachinis_v_McCosar_Minerals_4-23-13.pdf
Courts interpreting Pennsylvania law have allowed the equitable remedy of rescission to make a plaintiff whole in instances when the breach alleged is material ...
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91
How Equitable Doctrine Restores the Purposes of TILA's ...
https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1525&context=uclf
143 But ultimately, the CFPB focused on a strong distinction between the private remedy of rescission and asking the courts for a legal remedy of rescission, ...
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https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1525&context=uclf
143 But ultimately, the CFPB focused on a strong distinction between the private remedy of rescission and asking the courts for a legal remedy of rescission, ...
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92
Chapter 5 in essence - Contract Law 6e student resources
https://learninglink.oup.com/access/content/chenwishart6e-student-resources/Chapter-5-in-essence
a mere representation generating the main remedies of reliance damages and rescission; or; of no legal effect, such as a 'mere puff' or an honest statement of ...
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https://learninglink.oup.com/access/content/chenwishart6e-student-resources/Chapter-5-in-essence
a mere representation generating the main remedies of reliance damages and rescission; or; of no legal effect, such as a 'mere puff' or an honest statement of ...
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93
Terminating contracts under English law - Ashurst
https://www.ashurst.com/en/news-and-insights/legal-updates/quickguide---terminating-contracts-under-english-law/
The remedy under the Misrepresentation Act is either rescission or damages in lieu (see below). The court decides which of these remedies is the most ...
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https://www.ashurst.com/en/news-and-insights/legal-updates/quickguide---terminating-contracts-under-english-law/
The remedy under the Misrepresentation Act is either rescission or damages in lieu (see below). The court decides which of these remedies is the most ...
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94
The 3 Non-Monetary Remedies in a Breach of Contract Lawsuit
https://thecampbelllawgroup.com/find-what-works-for-you-the-3-non-monetary-remedies-in-a-breach-of-contract-lawsuit/
Rescission of a contract is an equitable remedy imposed by the court in an effort to bring the parties as close to the position they were in pre ...
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https://thecampbelllawgroup.com/find-what-works-for-you-the-3-non-monetary-remedies-in-a-breach-of-contract-lawsuit/
Rescission of a contract is an equitable remedy imposed by the court in an effort to bring the parties as close to the position they were in pre ...
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95
Overview of Breach of Contract Remedies in North Carolina
https://www.mhc-law.com/overview-of-breach-of-contract-remedies-in-north-carolina/
Legal damages, in which the non-breaching party wants to recoup the financial losses from a breach of contract; and, · Equitable remedies, in a ...
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https://www.mhc-law.com/overview-of-breach-of-contract-remedies-in-north-carolina/
Legal damages, in which the non-breaching party wants to recoup the financial losses from a breach of contract; and, · Equitable remedies, in a ...
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96
(PDF) Rescission of Contract - ResearchGate
https://www.researchgate.net/publication/351286177_Rescission_of_Contract
PDF | In contract law, rescission has been defined as the unmaking of a contract between parties. Rescission is the unwinding of a ...
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https://www.researchgate.net/publication/351286177_Rescission_of_Contract
PDF | In contract law, rescission has been defined as the unmaking of a contract between parties. Rescission is the unwinding of a ...
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