Rescind: Difference between revisions

135 bytes added ,  19 September 2016
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To [[rescind]] a contract is to declare it void from its inception — ''ab initio'', as the [[:category:Latinisms|Latin]] fetishists like to say — with the intention of being put in the position one might have been in had the whole ghastly affair never happened in the first place. You might be able to do this if you entered the contract as the result of a false [[representation]] but not simply because some raffish oik breached a [[warranty]].
To [[rescind]] a {{tag|contract}} is to declare it [[void]] from its inception — ''[[ab initio]]'', as {{tag|Latin}} fetishists like to say — with the intention of being put in the position one might have been in had the whole ghastly affair never happened in the first place. You might be able to do this if you were goaded into the {{tag|contract}} on the back of a false [[representation]] but not simply because some raffish oik breached a [[warranty]].
   
   
Compare [[rescission]], described above, with [[terminate|termination]] of a contract, which is to seek to put oneself in the place one would have been had your counterpart done what he ought to.
Compare [[rescission]], described above, with [[terminate|termination]] of a {{tag|contract}}, which is to seek to put oneself in the place one would have been had your counterpart done what he ought to. For this there is no equivalent Latinism, but that's not to stop us making one up — how about ''[[in ultimo]]''?.


===The difference between {{tag|representation}}s and [[warranty|warranties]]===
===The difference between {{tag|representation}}s and [[warranty|warranties]]===