Recession of Contract

You bought a second-hand car after the dealer swore it had never been in an accident. A month later a mechanic shows you the welded chassis. You no longer want the car and you want your money back. The contract exists, it was signed, but it was obtained by a lie. Can a court wind the whole deal back? That is rescission. The syllabus spells it “recession”, which is the same word misspelt; in law the word is rescission.

In two minutes

Rescission under ss.27 to 30 of the Specific Relief Act 1963 is the court’s power to undo a contract which is voidable or terminable by the plaintiff, or unlawful for causes not apparent on its face where the defendant is more to blame, subject to the bars in s.27(2) and to the duty to do equity under s.30.

The rest of this chapter

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