Asked by Roman Bracciale on May 16, 2024
Verified
The remedy of rescission is not available if the parties cannot be returned to their original positions because the subject matter of the contract has been destroyed or damaged.
Remedy of Rescission
A legal remedy that voids a contract, returning the parties to their positions prior to the agreement, typically used in cases of misrepresentation or fraud.
- Identify the constraints on solutions for innocent misrepresentations and the criteria for rescission.
Verified Answer
SS
Simranjit SinghMay 19, 2024
Final Answer :
True
Explanation :
Rescission requires that the parties be restored to their original positions before the contract was made. If the subject matter of the contract has been destroyed or damaged, making it impossible to return the parties to their original state, rescission may not be an available remedy.
Learning Objectives
- Identify the constraints on solutions for innocent misrepresentations and the criteria for rescission.
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