Rescission
Rescission is the process of returning both parties to a contract to the position they would have been in had they not entered into a contract. If a contract is rescinded, it is treated as if it did not exist.
This might be appropriate for example if there has been a serious error in a contract or if one of the parties to the contract has made false representations.
However, circumstances often make it impossible to rescind a contract, for example where works have already been commenced, in which case damages may be awarded.
NB Where one party behaves in such a way that it indicates it no longer intends to accept its obligations under the contract, this is considered to be a repudiatory beach (or fundamental breach) allowing the innocent party to terminate the contract and to sue for damages. This is not rescission, as the parties are not returned to the position they would have been in had they not entered into the contract.
[edit] Related articles on Designing Buildings Wiki
Featured articles
Check out some of the best features and news from Designing Buildings as well as key stories from around the web.
CIAT responds to Climate Change Committee report
An urgent wake-up call for both government and the built environment.
Construction Management, 24 June
FMB pilot aims to build pipeline of site-ready tradespeople.
A quick introduction.
CLC publishes Mental Health Joint Code of Practice.
A quick introduction to its uses and risks.
Construction Management, 17 June
Government rolls out digital planning tool to all local authorities.
Your views needed - a strategy for the professions, trades and occupations.
Confronting competency, codes, capacity and costs.
The hidden risk in modern construction supply chains.
Construction Management, 10 June
24 months to 14: CITB launches accelerated apprenticeships.
Bridging the gap between clients and contractors
Concerns remain around contractor quality, capability, and delivery.

















Comments
To start a discussion about this article, click 'Add a comment' above and add your thoughts to this discussion page.