Rescission

1 Elements and Case Citations

1. The character or relationship of the parties;
2. The making of the contract;
3. The existence of fraud, mutual mistake, false representation, impossibility of performance, or other ground for rescission or cancellation;
4. Plaintiff has rescinded the contract and notified defendant of such rescission;
5. If the plaintiff has received benefits from the contract, the plaintiff should further allege an offer to restore those benefits to the defendant, if restoration is possible; and
6. Plaintiff has no adequate remedy at law.

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