What Are Some Advantages for Seeking Rescission as a Remedy

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Examlex · Accepted Answer

The Answer is Seeking rescission as a remedy for breach of contract has several advantages over seeking an order for damages.

Firstly, rescission allows the contract to be completely undone, putting both parties back in their original positions before the contract was formed. This can be advantageous if the breach has fundamentally altered the nature of the contract or if one party no longer wishes to be bound by its terms.

Secondly, seeking rescission can provide a quicker resolution to the breach, as it does not require the complex calculations and evidence gathering that are often necessary for determining the amount of damages owed. This can save time and legal costs for both parties.

Additionally, rescission can provide a more equitable outcome, as it aims to restore the parties to their pre-contractual positions. This can be particularly beneficial in cases where one party has suffered non-monetary losses as a result of the breach.

Finally, seeking rescission can help to avoid ongoing disputes and potential future breaches that may arise if the contract is allowed to continue in its breached state. By undoing the contract, both parties can move on and pursue other opportunities without the burden of a breached agreement hanging over them.

Overall, seeking rescission as a remedy for breach of contract can offer a more efficient, equitable, and final resolution to the breach compared to seeking an order for damages.

What Are Some Advantages for Seeking Rescission as a Remedy

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