This Practice Note considers the Availability of proprietary remedies following Rescission and Rectification. Where a contract (or gift) has been rescinded or a contract has been rectified, this may leave one of the parties in the position where they have suffered some Loss as a result of the rescission or rectification.

For example, where a contract is rescinded the aim is to put the parties back into the position that they would have been as if the contract had never been made and yet, prior to the rescission property may have transferred from one party to the other or another. It is in this way that a claim in restitution may be available to provide some form of remedy.