Your Ask Joey ™ Answer

What is rescission or cancellation in a contract breach?

Rescission or cancellation will end existing contracts and reestablish the parties involved to their original position. Generally, rescissions or cancellations are available for unilateral mistakes, mutual mistakes, and in some cases, fraud. However, if a contract has been substantially performed, the victim of the contract breach will only be able to compensatory damages if deemed minor.

Back To All Questions

You might also be interested in...

  • What are liquidating damages?

    Liquidating damages are the potential damages specified as the total amount of compensation in which the aggrieved party will be able to seek, if the other party involved breaches the contract. Liquidated damages are predetermined prior to entering the contract, and for it to be legally enforceable, the nature of the contract should be such...

  • What are punitive damages?

    Punitive damages will only be available in breach of contract if the breach involved fraud. Punitive damages are much more severe than compensatory damages and will often be unavailable due to a breach of contract.

  • What happens if either party breaches a contract?

    In certain circumstances, contracts will be breached if one party fails to perform the terms of the agreement within the contract. If the terms of the agreement have been breached, the guilty party can be subject to potential punishments such as compensatory damages and discharge from the original contract. In a breach of contract, the...