Section 20 Partial Rescission

• Library: Remedies 2006

There is no such thing as a partial rescission of a contract. Rescission of a contract necessarily involves a repudiation of the entire contract and a refusal of the moving party to recognize the contractual obligations. Bacon v. Boss, 290 S.W.2d 207, 209 (Mo. App. E.D. 1956). Just as rescission and damages are diametrically opposed, a party cannot simultaneously rescind part of a contract and accept the...