Rescission of Contract

The validity of a contract can sometimes be affected by a number of matters that could potentially allow rescission of the contract. 

Getting out of a contract

Rescission can given where: -

• there is a contractual right to rescind (subject to legislation that might limit that right);
• a party induces the contract by an innocent misrepresentation;
• there is a fraudulent misrepresentation;
• there is a common mistake (but there is much debate about the existence of this doctrine);
• there is a unilateral mistake and the other party is aware of it so that it would be unconscionable to rely upon the contract;
• a statute permits it e.g. the Australian Consumer Law, Contracts Review Act and the like. 

To understand the elements that are required for this type of relief, as applied to the facts of your case, contact us for a conference to discuss rescission in detail. 

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