Construct · 1 fields · 1 citations
One name. One construct. A landmark on the map.
● anchor · a single construct in contract and equity Nearest construct by meaning·not indexedA single standalone construct; nearby constructs are located against it in the Collider. Tap a field for its definition, unit, and measures.
Rescission is the setting aside of a contract so that it is treated as if it had never been made, with each party restored to their pre-contractual position; it is the remedy for defects in formation such as misrepresentation, duress, undue influence, or mistake. O'Sullivan explains that rescission depends on counter-restitution being possible, that is, on the parties being able to give back what they received so that restitutio in integrum, restoration to the original position, can be achieved. The referent is the unwinding of a flawed transaction from the outset, distinct from termination for breach, which releases the parties only from future performance.[1]
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