Contracts & Disputes

Rescission

Also known as: setting aside a contract

In plain English

Cancelling a contract and putting both sides back to where they were before they signed it.

What it means

Rescission unwinds a contract from the beginning, treating it as if it had never been made and returning both parties to their pre-contract positions. It is most often available where consent was obtained by misrepresentation, mistake, duress, undue influence, or unconscionable conduct. Rescission usually requires that the parties can be substantially restored to their original positions. The right can be lost by affirming the contract, by undue delay, or where third-party rights have intervened. It differs from termination for breach, which ends a contract only going forward.

How it's used

After discovering the seller had concealed major structural defects, the buyer sought rescission of the purchase contract and a refund of his deposit.

Dealing with rescission in real life?

Recover what you are owed and resolve contract disputes without hourly billing. Our AI assistant, Rachel Z, takes your details in minutes and a qualified Australian lawyer handles the rest — at a fixed fee, with no hourly billing.