1 Elements and Case Citations
- The character or relationship of the parties;
- The making of the contract;
- The existence of fraud, mutual mistake, false representation, impossibility of performance, or other ground for rescission or cancellation;
- Plaintiff has rescinded the contract and notified defendant of such rescission;
- 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
- Plaintiff has no adequate remedy at law.
Subscribers To The Florida Litigation Guide Can See:
- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.