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What happens if a plaintiff is entitled to rescission but has already performed?

Bar Exam Prep Remedies Contract - Equitable Remedies What happens if a plaintiff is entitled to rescission but has already performed?
🏥 Remedies • Contract - Equitable Remedies REM#070

Legal Definition

If a plaintiff is entitled to rescission and has previously rendered performance on the contract, they can recover restitution in the form of compensation or return of property.

Plain English Explanation

If someone has a right to cancel a deal (or contract) and they've already done their part of the deal, they can ask for either money or their stuff back. This is to make sure that if the deal is canceled, they don't lose out on what they've already given or done.

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What happens if a plaintiff is entitled to rescission but has already performed?

Related Concepts

How does election of remedies affect a claim for rescission? If a contract has a liquidated damages clause, is specific performance still an option? What are common defenses to specific performance? What are defenses to rescission? What are equitable remedies in contract? What are the defenses to formation? What is reformation? What is rescission? What is specific performance and when it is applicable? What is the part performance exception to the Statute of Frauds? What type of mutual mistake is sufficient for rescission? When applying specific performance to a land purchase contract, what happens if a buyer breaches a "time is of the essence" clause with a forfeiture clause? When applying specific performance to a land purchase contract, what happens if the quantity of land is in dispute? When assessing reformation, what constitutes sufficient grounds? When assessing specific performance, how do courts weigh feasibility of enforcement? When assessing specific performance to acquire a unique piece of property, when is uniqueness tested? When assessing specific performance, what must the status be of a plaintiff's contractual conditions? When assessing specific performance, why are money damages sometimes an inadequate legal remedy? When assessing whether money damages are inadequate for specific performance, why does it matter whether a piece of property is unique and what kind of property is always unique? When is personal property considered unique enough to trigger specific performance? Will courts grant rescission for a unilateral mistake?
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