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LSDefine

Simple English definitions for legal terms

equitable rescission

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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

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windyMagician
10:59
grandpa be like "back in my day I smashed so many latina milfs"
shaquilleoatmeal
11:04
smh
windyMagician
11:09
shaq hows ur love life going? any updates?
shaquilleoatmeal
11:14
damn couldnt even get to Christmas dinner before this question lmao im not looking for anything serious rn so no updates lol
11:14
i made out with my ex in a stairwell the other day if you care. my only update
shaquilleoatmeal
11:14
oof
shaquilleoatmeal
11:14
twitter ex or a different ex
11:15
different ex
windyMagician
11:15
since its not Twitter dude I'll forgive it
shaquilleoatmeal
11:17
at least you did that before the new year, cant carry that baggage in 25
11:17
I think he thinks if I move to nyc we’re going to get back together
11:17
that’s not my plan tbh
jackfrost11770
11:18
this is so funny
shaquilleoatmeal
11:19
lmao damn wish id be classmates with this dude
shaquilleoatmeal
11:20
@cheriebomb: you never know what the future holds
jackfrost11770
11:20
also cherie fallen soldier
jackfrost11770
11:20
i got home at 8 am from the club and my neighbor was leaving to go biking. truly living in different worlds
11:20
i don’t fw him that heavy tbh
11:21
i get along better with his friends than i do with him
windyMagician
11:21
nah the hiking in Nike blazers deserves jail time
11:21
he was already vomiting and shitting in a hole I think he did his penance
windyMagician
11:26
call that restorative justice
11:35
they put a place in the UK second. I don’t trust their methodology
shaquilleoatmeal
11:35
im laughin cause it definitely isnt but the fact that some people this it is is comical
shaquilleoatmeal
11:35
tink*
shaquilleoatmeal
11:35
think jee
shaquilleoatmeal
11:35
jeez - im over it
11:37
imagine saying you want to go to boston for christmas 💀
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