7+ What is Rescission of Contract? [Definition]

definition of rescission of contract

7+ What is Rescission of Contract? [Definition]

The nullification of a contract, effectively undoing it as if it never existed, is a remedy available in certain contractual situations. It aims to restore the parties to their positions before the agreement was made. This action is generally triggered by a fundamental flaw in the contract’s formation, such as misrepresentation, fraud, duress, undue influence, or a mistake of fact. For example, if a party enters into a property purchase agreement based on the seller’s false claim about the land’s zoning status, the buyer might seek to invalidate the contract and recover any payments made.

This legal recourse protects individuals and entities from being bound by agreements entered into under compromised circumstances. Its availability ensures fairness and equity in contractual dealings. Historically, courts have cautiously applied this remedy, recognizing its potential to disrupt established agreements. Therefore, specific conditions must be met and carefully evaluated to warrant its application. Its correct use can prevent unjust enrichment and rectify imbalances caused by flawed contractual processes.

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