| 单词 | rescission |
| 释义 | rescission rescission revocation of a contract. In the event of a breach of a con-tract, rescission is the remedy sought to bring the contract to an end, allowing the innocent party to perform no further, recover any part performance and seek damages. It is an equitable remedy and will not be granted unless restitutio in integrum can be made – 'restoration of the parties' pre-contractual state': Buckland v. Farmer and Moodey [1978] 3 All ER 929. The Misrepresentation Act 1967 allows a court to award damages in place of rescission if equitable in relation to the position of the parties if rescission were granted, in cases of innocent misrepresentation. In Scots law the position is not so clear that a definite answer can always be given. This is because the trigger is the notion of material breach, which can mean either breach of a very significant term or a breach that has great effects. The most general accepted version is to determine whether the stipulation breached is one that goes to the root of the contract: Wade v. Waldon 1909 SC 571. Applying to the whole of the UK, under the Sale of Goods Act 1994, a consumer has a statutory right of rejection for breach of the major implied conditions no matter how trivial the result; for non-con- sumers the breach must be material. |
| 随便看 |
法律词典收录了2351条英汉双解法律词条，基本涵盖了常用法律英语单词及短语词组的翻译及用法，是法律学习的有利工具。