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Rescission of contract

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The Recession of Contract means, Cancellation of a contract. Rescission may be unilateral, as when a party rightfully cancels a contract because of another party’s material breach. Rescission can also be mutual, as when the contracting parties agree to discharge all remaining obligations. Rescission is when a contract is rendered null and void, and so is no longer recognized as legally binding. The courts can free non-liable parties from their agreed obligations and, when possible, will effectively seek to restore them to the position they were in before the contract was signed. Rescission involves canceling a contract and treating it as though it never existed by ensuring that all its effects are eliminated. To return all parties to their original state, things that were exchanged, such as money, must be returned. Rescinding a contract may be an option if there is proof that there was a material error in the contract. Evidence of fraud, mutual errors, lack of legal or mental capacity, duress and undue influence, or one party not fulfilling its obligation can also lead contracts to be voided. Laws addressing rescission vary from state to state. However, for certain contracts, such as those exchanged between lenders and consumers, rescission may occasionally be federally mandated. According to Snell- The word of “Rescission” means the putting an end to a contract and making it null and void ab initio. Recessions not a judicial remedy but the fact of party entitled to rescind. It’s a right which a party to transaction sometimes has to set the transaction aside and restore to its former position.

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