Principle

CONTRACT LAW – Breach of Contract – Right to Rescind – Whether Serious Breach Justifies Rescission de futuro

Area of law
CONTRACT LAW
Court
Supreme Court

Serious breach gives innocent party right to rescind contract. Rescission de futuro: Terminating contract prospectively (for the future)—from breach forward, not ab initio (from beginning like rescission for misrepresentation). Pleading sufficiency: Averments showing: (1) breach occurred; (2) breach sufficiently serious; (3) plaintiff claims release from…

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