This Practice Note considers the remedy of Rescission, summarising when and how a contract may be rescinded (at common law, equity and under statute) and thereby brought to an end. It includes the effect of rescission, the main grounds for rescinding a contract (misrepresentation, mistake, Undue influence, duress, non-disclosure, fiduciary misdealing and bribery) and the main bars to seeking rescission as a remedy of affirmation, intervention of third party rights and impossibility of restitution.
For guidance on rescission in the context of a misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy.
There are numerous ways in which a contract can come to an end, see: Terminating contracts—how and when a contract ends—overview for an outline, together with links to the underlying practical guidance, including Practice Note: Termination and expiry of contracts.
For a summary, in tabular format, of illustrative judgments handed down since 1 January 2020, considering contract law issues, see Practice Notes:
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Contract disputes—key and illustrative decisions (2024–2025)
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Contract disputes—key and illustrative decisions (2020–2023) [Archived]
What is rescission of a contract?
The remedy
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