Principle

CONTRACT LAW – Breach of Contract – Rescission for Breach – Restitutionary Remedies Available – Total Failure of Consideration

Area of law
CONTRACT LAW
Court
Supreme Court

Innocent party rescinding for serious breach may obtain restitution. Rescission de futuro: Innocent party elects to end contract prospectively due to other party's serious breach. Restitutionary remedies: Party who performed (wholly or partly) without receiving agreed counter-performance may obtain restitution of their performance. Total failure…

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