Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Rescission definition

What does Rescission mean? Rescission is the unwinding of a contract or other transaction so the parties are restored, so far as possible, to their pre-contract position (restitutio in integrum). In practice it is a case law–based, equitable remedy used where consent was vitiated, typically by misrepresentation (fraudulent, negligent or innocent), common or mutual mistake, undue influence, duress, or breach of fiduciary duty. Some statutes create analogous cancellation rights (for example, certain consumer “cooling‑off” rights), but these are distinct. Key features: - Operates ab initio: the contract is set aside and benefits are returned. - May be effected by notice or, where necessary, by court order; the...

Rescission of contracts under English law: grounds, effects and bars; common law, equity and statute; misrepresentation, undue influence, duress, non-disclosure, fiduciary misdealing, bribery; distinction from termination and void contracts

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Practice notes

This Practice Note examines the remedy of Rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, Undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table summarising illustrative judgments handed down since 1 January 2020, considering contract law issues, see Practice Notes:

Contract disputes—illustrative decisions (2026)
Contract disputes—illustrative decisions (2024–2025) [Archived]
Contract disputes—key and illustrative decisions (2020–2023) [Archived]

What is rescission of a contract?...

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Web page updated on 21/05/2026

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