equitable rescission


equitable rescission
Relief by way of rescission had in a court of equity without restoration by the plaintiff, prior to the commencement of the action, of that which he received from the defendant under the contract which he seeks to have rescinded. Morgan Munitions Supply Co. v Studebaker Corp. 226 NY 94, 123 NE 146.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • equitable rescission — Rescission decreed by court of equity, as distinguished from legal rescission which is effected by restoration or offer to restore …   Black's law dictionary

  • equitable rescission — Rescission decreed by court of equity, as distinguished from legal rescission which is effected by restoration or offer to restore …   Black's law dictionary

  • Rescission — Overturning redirects here. For other uses, see Turning over (disambiguation). Contract law …   Wikipedia

  • rescission — re·scis·sion /ri si zhən/ n: the act, process, or fact of rescinding esp. a contract; specif: the equitable judicial remedy of rescinding a contract in a suit brought by one of the parties compare reformation re·scis·so·ry /ri si zə rē, si sə /… …   Law dictionary

  • Equitable remedy — In law, equitable remedies are the remedies developed and granted by the old courts of equity, such as the Court of Chancery in England, and still available today in common law jurisdictions. [See generally, Meagher and Gummow, Equity, Doctrines… …   Wikipedia

  • rescission of contract — To abrogate, annul, avoid, or cancel a contract; particularly, nullifying a contract by the act of a party. The right of rescission is the right to cancel (rescind) a contract upon the occurrence of certain kinds of default by the other… …   Black's law dictionary

  • rescission — The right of a party to a contract to have it set aside and to be restored to the position he was in before the contract was made. This is an equitable remedy, available at the discretion of the court. The usual grounds for rescission are mistake …   Big dictionary of business and management

  • Misrepresentation in English law — is an area of English contract law, which allows a person to escape a contractual obligation or claim compensation for losses. If one person can show that she entered an agreement because of another person s false assurances, then the other… …   Wikipedia

  • South African contract law — is essentially a modernised version of the Roman Dutch law of contract, [1] which is itself rooted in Roman law. In the broadest definition, a contract is an agreement entered into by two or more parties with the serious intention of creating a… …   Wikipedia

  • Misrepresentation — This article is about a legal term. For the sociological one, see Misrepresentation (sociology). Misrepresentation is a contract law concept. It means a false statement of fact made by one party to another party, which has the effect of inducing… …   Wikipedia