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Rescind
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RescindTo abrogate or cancel a contract putting the parties in the same position they would have been in had there been no contract. Rescission can occur in one of two ways: either a contract can be set aside (rescinded) because of some defect in its formation (such as misrepresentation, duress or undue influence) or it can be set aside by agreement by the parties, for example if they reach a new agreement.
RELATED TERMS--------------------------------------
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
Rescission
Voluntary cancellation of a contract either unilaterally (by one party) or by both. Can only be exercised under certain circumstances.
Defect
The want of something required by law.
Misrepresentation
A false and material statement which induces a party to enter into a contract. This is a ground for rescission of the contract.
Duress
Where a person is prevented from acting (or not acting) according to their free will, by threats or force of another, it is said to be "under duress". Contracts signed under duress are voidable and, in may places, you cannot be convicted of a crime if you can prove that you were forced or threatened into committing the crime (although this defence may not be available for serious crimes).
Agreement
A verbal or written resolution of disputes.
Example
An example is a case put to illustrate a. principle.
SIMILAR TERMS--------------------------------------
Resceit
1) The act of receiving or admitting a third person to plead his right in a cause commenced by two; as when an action is brought against a tenant for life or term of years, the reversioner is allowed to defend. 2) Resceit or receit. The admission or receiving of a third person to plead his right in a cause formerly commenced between two other persons; as, when an action is brought against a tenant for life or years, or any other particular tenant, and he makes default, in such case the reversioner may move that he may be received to defend his right, and to plead with the demandant.
Rescission
Voluntary cancellation of a contract either unilaterally (by one party) or by both. Can only be exercised under certain circumstances.
Rescission of a contract
The destruction or annulling of a contract.
Rescous
crim. law, torts. This word is used synonymously with rescue, . and denotes the illegal taking away and setting at liberty a distress taken, or a person arrested by due process of law.
Rescript
Conv. A counterpart.
Rescription
French law. A rescription is a letter by which the maker requests some one to pay a certain sum of money, or to account for him to a third person for it
Rescripts
Civil law. The answers of the prince at the request of the parties respecting some matter in dispute between them, or to magistrates in relation to some doubtful matter submitted to him.
Rescue
1) Criminal law. A forcible setting at liberty against law of a person duly arrested. The person who rescues the prisoner is called the rescuer. 2) Maritimal war. The retaking by a party captured of a prize made by the enemy. There is still another kind of rescue which partake's of the nature of a recapture; it occurs when the weaker party before he is overpowered, obtains relief from the arrival of fresh succors, and is thus preserved from the force of the enemy.
Rescussor
The party making a rescue, is sometimes so called, but more properly he is a rescuer.
PREVIOUS AND NEXT TERMS--------------------------------------
Res perit domino
The thing is lost to the owner. This phrase is used to express that when a thing is lost or destroyed, it is lost to the person who was the owner of it at the time. For example, an article is sold; if the seller have perfected the title of the buyer so that it is his, and it be destroyed, it is the buyer's loss; but if, on the contrary, something remains to be done before the title becomes vested in the buyer, then the loss falls on the seller.
Res tudic ata
Practice. The decision of a legal or equitable issue, by a court of competent jurisdiction.
Res universatis
Those things which belong to cities or municipal corporations are so called; they belong so far to the public that they cannot be appropriated to private use; such as public squares, market houses, streets, and the like.
Resale
A second sale made of an article; as, for example, if A sell a horse to B, and the latter not having paid, for him, refuse to take him away, when by his contract he was bound to do so, and then A sells the horse to C.
Resceit
1) The act of receiving or admitting a third person to plead his right in a cause commenced by two; as when an action is brought against a tenant for life or term of years, the reversioner is allowed to defend. 2) Resceit or receit. The admission or receiving of a third person to plead his right in a cause formerly commenced between two other persons; as, when an action is brought against a tenant for life or years, or any other particular tenant, and he makes default, in such case the reversioner may move that he may be received to defend his right, and to plead with the demandant.
Rescind
Rescission
Voluntary cancellation of a contract either unilaterally (by one party) or by both. Can only be exercised under certain circumstances.
Rescission of a contract
The destruction or annulling of a contract.
Rescous
crim. law, torts. This word is used synonymously with rescue, . and denotes the illegal taking away and setting at liberty a distress taken, or a person arrested by due process of law.
Rescript
Conv. A counterpart.
Rescription
French law. A rescription is a letter by which the maker requests some one to pay a certain sum of money, or to account for him to a third person for it
RELATED TERMS--------------------------------------
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
Rescission
Voluntary cancellation of a contract either unilaterally (by one party) or by both. Can only be exercised under certain circumstances.
Defect
The want of something required by law.
Misrepresentation
A false and material statement which induces a party to enter into a contract. This is a ground for rescission of the contract.
Duress
Where a person is prevented from acting (or not acting) according to their free will, by threats or force of another, it is said to be "under duress". Contracts signed under duress are voidable and, in may places, you cannot be convicted of a crime if you can prove that you were forced or threatened into committing the crime (although this defence may not be available for serious crimes).
Agreement
A verbal or written resolution of disputes.
Example
An example is a case put to illustrate a. principle.
SIMILAR TERMS--------------------------------------
Resceit
1) The act of receiving or admitting a third person to plead his right in a cause commenced by two; as when an action is brought against a tenant for life or term of years, the reversioner is allowed to defend. 2) Resceit or receit. The admission or receiving of a third person to plead his right in a cause formerly commenced between two other persons; as, when an action is brought against a tenant for life or years, or any other particular tenant, and he makes default, in such case the reversioner may move that he may be received to defend his right, and to plead with the demandant.
Rescission
Voluntary cancellation of a contract either unilaterally (by one party) or by both. Can only be exercised under certain circumstances.
Rescission of a contract
The destruction or annulling of a contract.
Rescous
crim. law, torts. This word is used synonymously with rescue, . and denotes the illegal taking away and setting at liberty a distress taken, or a person arrested by due process of law.
Rescript
Conv. A counterpart.
Rescription
French law. A rescription is a letter by which the maker requests some one to pay a certain sum of money, or to account for him to a third person for it
Rescripts
Civil law. The answers of the prince at the request of the parties respecting some matter in dispute between them, or to magistrates in relation to some doubtful matter submitted to him.
Rescue
1) Criminal law. A forcible setting at liberty against law of a person duly arrested. The person who rescues the prisoner is called the rescuer. 2) Maritimal war. The retaking by a party captured of a prize made by the enemy. There is still another kind of rescue which partake's of the nature of a recapture; it occurs when the weaker party before he is overpowered, obtains relief from the arrival of fresh succors, and is thus preserved from the force of the enemy.
Rescussor
The party making a rescue, is sometimes so called, but more properly he is a rescuer.
PREVIOUS AND NEXT TERMS--------------------------------------
Res perit domino
The thing is lost to the owner. This phrase is used to express that when a thing is lost or destroyed, it is lost to the person who was the owner of it at the time. For example, an article is sold; if the seller have perfected the title of the buyer so that it is his, and it be destroyed, it is the buyer's loss; but if, on the contrary, something remains to be done before the title becomes vested in the buyer, then the loss falls on the seller.
Res tudic ata
Practice. The decision of a legal or equitable issue, by a court of competent jurisdiction.
Res universatis
Those things which belong to cities or municipal corporations are so called; they belong so far to the public that they cannot be appropriated to private use; such as public squares, market houses, streets, and the like.
Resale
A second sale made of an article; as, for example, if A sell a horse to B, and the latter not having paid, for him, refuse to take him away, when by his contract he was bound to do so, and then A sells the horse to C.
Resceit
1) The act of receiving or admitting a third person to plead his right in a cause commenced by two; as when an action is brought against a tenant for life or term of years, the reversioner is allowed to defend. 2) Resceit or receit. The admission or receiving of a third person to plead his right in a cause formerly commenced between two other persons; as, when an action is brought against a tenant for life or years, or any other particular tenant, and he makes default, in such case the reversioner may move that he may be received to defend his right, and to plead with the demandant.
Rescind
Rescission
Voluntary cancellation of a contract either unilaterally (by one party) or by both. Can only be exercised under certain circumstances.
Rescission of a contract
The destruction or annulling of a contract.
Rescous
crim. law, torts. This word is used synonymously with rescue, . and denotes the illegal taking away and setting at liberty a distress taken, or a person arrested by due process of law.
Rescript
Conv. A counterpart.
Rescription
French law. A rescription is a letter by which the maker requests some one to pay a certain sum of money, or to account for him to a third person for it
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This dictionary contains 8526 terms.
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