2. The right to rescind a contract seems to suppose not that the contract has existed only in appearance; but that it has never had a real existence on account of the defects which accompanied it; or which prevented its actual execution. 7 Toul. n. 551 17 Id. n. 114. ...
英[rɪ'sɪʒn] n.撤销;废除;取消 网络解除合同;解约;合同的解除 权威英汉双解 英汉 英英 网络释义 rescission. n. 1. 废除;取消;撤销the act of cancelling or ending a law, an order, or an agreement 释义: 全部,撤销,废除,取消,解除合同,解约,合同的解除...
Also found in: Thesaurus, Legal, Financial. re·scis·sion (rĭ-sĭzh′ən) n. 1. The act of rescinding. 2. Law The termination of a contract by mutual agreement or as a result of fraud or some legal defect. [Latin rescissiō, rescissiōn-, from rescissus, past participle of...
various reasons, legally or equitably. Rescission is common in contract law when one or both parties enter a contract under a mutual mistake of material fact, fraudulent misrepresentation, undue influence, duress, mistake of law, or lack of capacity of one or both parties to make the contract....
Rescissionis an important basic system of Contract law. 合同解除是合同法上的一项重要的基本制度. 期刊摘选 Notices or agreements on the modification orrescissionof contracts shall be made in writing. 变更或者解除合同的通知或者协议,应当采用书面形式. ...
1.Being based on the living contract law of China, the analyses on the related domestic and outside theories and legislation of rescission of contract, the author applies comparing method to make a deep analysis and systematic study on several important theory problems in the modern system of re...
In cases of fraud, a court of law may be reticent about granting complete restoration whereas complete restoration is virtually guaranteed in cases of innocent misrepresentation. Grounds for Rescission Although there are a plethora of reasons that warrant the cancellation of a contract, not all of ...
15. The act of taking back the goods constitutes a rescission of the contract. 收回货物的行为构成对合同的解除。 16. The lawful rescission of contract is an important institution in Contract Law. 合同法定解除制度是合同法一项重要的制度。
In China's Contract Law buyer's rejection constitutes a form of rescission, which is different from refusing to take delivery and returning the goods.(在我国《合同法》中,买方拒绝接受货物是合同解除的一种形式,与拒绝接收、退货不同。) The contractually agreed terms for the settlement of accounts ...
It's important to note that, as mentioned above, rescission is often sought to address fundamental defects in the contract's validity. Termination is a more general means of ending contractual obligations for many different reasons. Contracts that do not meet the letter of the law are likely no...