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Rescind: Difference between revisions
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{{g}}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]]. | {{g}}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 {{tag|contract}}, which is to seek to put oneself in the place one would have been had your counterpart done what | Compare [[rescission]], described above, with [[repudiation]] and consequent [[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 {{sex|she}} bally well ought to. For this there is no equivalent {{t|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]]=== | ||
Rescission is germane in the arcane distinction between a {{tag|representation}} and a {{tag|warranty}}: | [[Rescission]] is germane in comprehending the arcane distinction between a ''{{tag|representation}}'' and a ''{{tag|warranty}}'': | ||
{{representationdescription}} | {{representationdescription}} | ||