Also known as: rescind · rescinds · rescinded · rescinding · rescissio · rescissions · rescissione · annulment · cancellation
Written by attorneys · grounded in primary & secondary sources — see below
A remedy by which a party cancels a contract or donative transfer on grounds such as material breach, mutual mistake, fraud, unmarketable title, or violation of a no-contest clause. The remedy restores the parties to their pre-transaction positions through restitution of any performance rendered.
Riley Rivera contracted to buy land from Redwood Bank. A recorded lien remained unreleased at closing. Riley refused to close and demanded rescission of the contract. The court permitted rescission because the lien rendered title unmarketable.
Regina Robinson and Riverstone Manufacturing entered a written contract subject to the statute of frauds. They later orally agreed to cancel all remaining duties. The agreement of rescission discharged the duties even though it was not in writing.
Rachel Ramirez received a bequest under her uncle's will. She filed a challenge to the will's validity without probable cause. The no-contest clause operated to rescind her gift, leaving her with nothing under the instrument.
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Ryan Roberts named his then-wife as beneficiary of a life insurance policy. After their divorce the statute revoked the designation. The policy proceeds passed as if the former spouse had predeceased him.
Roland Rhodes was convicted of a felony. A governor later granted a pardon based on rehabilitation. The conviction became inadmissible for impeachment because the pardon procedure satisfied the statutory requirements for annulment of the conviction's effect.
Raymond Ramos and his spouse submitted their marriage to arbitration under the uniform act. The arbitrator issued an award that annulled the marriage. The award operated as a final rescission of the marital status between the parties.
A buyer may rescind when title contains unreleased liens, breaks in the chain, or other defects that would cause a reasonably prudent purchaser to refuse the title. The seller must generally be given an opportunity to cure before rescission is available.
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Yes. An oral agreement of rescission discharges all unperformed duties under an enforceable contract even if the original contract was within the statute of frauds. The statute applies only to a contract that rescinds a transfer of property itself.
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A no-contest clause rescinds the gift to a challenger unless the challenger had probable cause to institute the proceeding. The clause is enforceable to carry out the donor's expressed intention to the maximum extent permitted by law.
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Divorce revokes any revocable disposition or appointment of property made to the former spouse or the former spouse's relatives in a governing instrument, unless the instrument expressly provides otherwise.
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In a contract for the sale of goods a defrauded party may both rescind the contract and recover damages for fraud because the remedies are not inconsistent.
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…It was assumed that the State might legitimately enforce limits on the use of contraceptives through laws regulating divorce and annulment, or even through its tax policy, but not necessarily be justified in criminalizing the same practice in the marital bedroom, which would entail the consequence of authorizing state enquiry…