Share this site with del.icio.us Share this site with digg Share this site with reddit Share this site with technorati Share this site with furl Share this site with stumbleupon Share this site with google Add this site to Yahoo Bookmarks Click here to add us to your favorites Subscribe to our Feed





rescission of contract

Definition 1

Declaration or clearly communicated intention by a party to a voidable contract that it is exercising its right to terminate (rescind) the contract. It is an irrevocable step that frees the other party as well from its contractual obligations, as if the contract never existed. Rescission may be on mutual consent, by an act of law, or by either party for reasonable cause such as a material misrepresentation.

Definition 2

Disaffirmation or unmaking (called setting aside) of a contract by a court in the interest of fairness and justice. However, the right of rescission may not be exercised where (1) it is not possible to restore both parties to their original (pre-contract) positions, and/or (2) such step would upset the rights acquired by a third-party under the contract.

Browse by Letter: # A B C D E F G H I J K L M N O P Q R S T U V W X Y Z