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Politics : Sharks in the Septic Tank

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To: The Philosopher who wrote (50663)6/12/2002 6:03:32 PM
From: Neocon  Read Replies (1) of 82486
 
WHAT IS RESCISSION?
Rescission is a remedy that wipes out the existing contract and restores the parties to their situation prior to entering into the contract. If money has been paid by one party to another, that money is returned as part of the rescission process.

Rescission can occur as a result of innocent or fraudulent representation, mutual mistake, lack of legal capacity, an impossibility to perform a contract not contemplated by the parties, or duress and undue influence. For example, assume you agreed to sell and the buyer agreed to buy two acres of land that you thought you owned. Later, it turns out that you did not have title to the property. Rescission would be the proper remedy.

law.freeadvice.com

My position is that the contract was non- performable because he could not, and did not contemplate, relinquishing his right to ban you on other grounds, and therefore could not have more than an informal agreement with you.
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