Construct · 1 fields · 1 citations

rescission: a standalone construct

One name. One construct. A landmark on the map.

● anchor · a single construct in contract and equity Nearest construct by meaning·not indexed
rescission1 CONSTRUCTRescissionRESTITUTIO IN INTEGRUM

A single standalone construct; nearby constructs are located against it in the Collider. Tap a field for its definition, unit, and measures.

Contract law

Unwinding a contract back to the start

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]

Unit
The undoing of a contract with mutual restoration to pre-contract positions
Recovery means
Not applicable
Measured by
Available where a vitiating factor is shown and substantial restoration of both parties remains possible

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Nearby constructs

being3 fields · 3 citationsjingle · one word, three constructsbreach3 fields · 3 citationsjingle · one word, three constructsfuture3 fields · 6 citationsjingle · one word, three constructs

References

  1. O'Sullivan, D. (2023). General principles of restitutio in integrum. In The law of rescission. Oxford University Press. https://doi.org/10.1093/law/9780198852285.003.0013

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