Section 1 Generally

• Library: Remedies 2006

Generally, rescission and cancellation are remedies and not independent causes of action. Before rescission or cancellation is awarded, a substantive cause of action must be proven. But unlike other equitable remedies, the underlying claim may, but need not, be equitable. If the circumstances warrant, rescission may be allowed as the remedy for a claim usually associated with the remedy of damages, such as fraud or breach of contract.

The distinction between rescission and cancellation is attributed to...