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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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THATS SO FUNNY
i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
omg im on a plane weeeee
the devil
youre on a plane??? LSD made the mile high club??
20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
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JumpySubsequentDolphin
22:39
@splitty Oregon!
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JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
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