Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

equitable rescission

Read a random definition: culpable negligence

A quick definition of equitable rescission:

Equitable rescission is when a court decides to cancel a contract because it's not fair or someone broke the rules. This usually happens when both parties agree to cancel the contract and go back to how things were before they made the agreement. It's like hitting the "undo" button on a mistake. Sometimes, a court of law can also cancel a contract, but it depends on what was agreed upon and what was broken.

A more thorough explanation:

Equitable rescission is a legal term that refers to the cancellation of a contract by a court of equity. It is a remedy that is available to a non-defaulting party who has a legally sufficient reason to cancel the contract, such as the other party's material breach or a judgment rescinding the contract.

Equitable rescission is accompanied by restitution of any partial performance, which means that the parties are restored to their pre-contractual positions. This remedy is generally used when the non-defaulting party wants to cancel the contract but cannot do so under the terms of the agreement.

For example, if a buyer purchases a car from a seller and later discovers that the car has a serious defect that the seller knew about but did not disclose, the buyer may seek equitable rescission of the contract. The court may cancel the contract and order the seller to refund the purchase price to the buyer.

Another example is when a party enters into a contract under duress or coercion. In such a case, the party may seek equitable rescission of the contract to be released from the agreement.

Equitable rescission is different from legal rescission, which is a remedy that is effected by the agreement of the parties or decreed by a court of law. Legal rescission is generally available when the parties agree to cancel the contract or when a court finds that the contract is void or unenforceable.

equitable remuneration | equitable-restraint doctrine

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
LSD+ is ad-free, with DMs, discounts, case briefs & more.