Section 7.27 Rescission and Restitution
| Library | Contracts 2016 Supp |
D. (§7.27) Rescission and Restitution
Another equitable remedy that may apply in a breach-of-contract case is rescission and restitution. Rescission and restitution is an equitable action that voids the contract (i.e., rescinds it) and then restores the parties to their position before the contract was entered (i.e., restitution). See Patel v. Pate, 128 S.W.3d 873, 878 (Mo. App. W.D. 2004).
Rescission and restitution applies only when there has been a material breach of the contract. Id. Consequently, in...
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