Rescission of a contract


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert
Practice notes
In-house

Rescission of a contract


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert

Practice notes
In-house
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This Practice Note considers the remedy of Rescission, summarising when and how a contract may be rescinded (at common law, equity and under statute) and thereby brought to an end. It includes the effect of rescission, the main grounds for rescinding a contract (misrepresentation, mistake, Undue influence, duress, non-disclosure, fiduciary misdealing and bribery) and the main bars to seeking rescission as a remedy of affirmation, intervention of third party rights and impossibility of restitution.

For guidance on rescission in the context of a misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy.

There are numerous ways in which a contract can come to an end, see: Terminating contracts—how and when a contract ends—overview for an outline, together with links to the underlying practical guidance, including Practice Note: Termination and expiry of contracts.

For a summary, in tabular format, of the key and illustrative judgments handed down since 1 January 2020, considering contract law issues, see Practice Notes:

  1. •

    Contract disputes—key and illustrative decisions (2024)

  2. •

    Contract disputes—key and illustrative decisions (2020–2023)

What is rescission of a contract?

The

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United Kingdom
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Key definition:
Rescission definition
What does Rescission mean?

The right in equity to rescind is the right of a party to set aside a transaction and to be restored to their former position. It is a remedy for misrepresentation or for common/mutual mistake.

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