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    Chanakya National Law University: Rescission of Contract

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    sajal sanatan
    This document is a research proposal submitted by Sajal Sanatan, a student at Chanakya National Law University, for their course on the Law of Contracts. The proposal focuses on rescission of contracts. It provides definitions and background on rescission, noting that it unmakes a contract and returns the parties to their pre-contract positions. The proposal aims to analyze presumed rescission, highlight related cases, and examine when rescission can be refused. It proposes answering research questions on reasons for rescission and available reliefs. The methodology will rely on doctrinal legal research. Tentative chapters are introduced on voidable contracts, the Specific Relief Act 1963, related cases, and conclusions.

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    Chanakya National Law University: Rescission of Contract

    Uploaded by

    sajal sanatan
    92 views4 pages
    This document is a research proposal submitted by Sajal Sanatan, a student at Chanakya National Law University, for their course on the Law of Contracts. The proposal focuses on rescission of contracts. It provides definitions and background on rescission, noting that it unmakes a contract and returns the parties to their pre-contract positions. The proposal aims to analyze presumed rescission, highlight related cases, and examine when rescission can be refused. It proposes answering research questions on reasons for rescission and available reliefs. The methodology will rely on doctrinal legal research. Tentative chapters are introduced on voidable contracts, the Specific Relief Act 1963, related cases, and conclusions.

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    ROUGH DRAFT- CONTRACT

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    This document is a research proposal submitted by Sajal Sanatan, a student at Chanakya National Law University, for their course on the Law of Contracts. The proposal focuses on rescission of contracts. It provides definitions and background on rescission, noting that it unmakes a contract and returns the parties to their pre-contract positions. The proposal aims to analyze presumed rescission, highlight related cases, and examine when rescission can be refused. It proposes answering research questions on reasons for rescission and available reliefs. The methodology will rely on doctrinal legal research. Tentative chapters are introduced on voidable contracts, the Specific Relief Act 1963, related cases, and conclusions.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    92 views4 pages

    Chanakya National Law University: Rescission of Contract

    Uploaded by

    sajal sanatan
    This document is a research proposal submitted by Sajal Sanatan, a student at Chanakya National Law University, for their course on the Law of Contracts. The proposal focuses on rescission of contracts. It provides definitions and background on rescission, noting that it unmakes a contract and returns the parties to their pre-contract positions. The proposal aims to analyze presumed rescission, highlight related cases, and examine when rescission can be refused. It proposes answering research questions on reasons for rescission and available reliefs. The methodology will rely on doctrinal legal research. Tentative chapters are introduced on voidable contracts, the Specific Relief Act 1963, related cases, and conclusions.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    CHANAKYA NATIONAL LAW UNIVERSITY

    NYAYA NAGAR,MITHAPUR,PATNA-800001

    RESEARCH PROPOSAL SUBMITTED IN


    PARTIAL FULLFILMENT COURSE

    This rough draft is submitted in partial


    fulfilment in Law of Contracts - I for the
    completion of B.A., LL.B. (HONS.) course.

    LAW OF CONTRACTS

    RESCISSION OF CONTRACT

    PROPOSAL SUBMITTED BY:

    SAJAL SANATAN

    ROLL NO.:-2149

    SEMESTER:- SECOND

    COURSE:-B.A.LL.B(HONS.)

    PROPOSAL SUBMITTTED TO

    SUSHMITA SINGH

    FACULTY OF LAW

    INTRODUCTION

    In contract law, rescission has been defined as the unmaking of a contract between parties.
    Rescission is the unwinding of a transaction. This is done to bring the parties, as far as
    possible, back to the position in which they were before they entered into a contract (the
    status quo ante.

    Rescission is an equitable remedy and is discretionary. A court may decline to rescind a


    contract if one party has affirmed the contract by his action 1 or a third party has acquired
    some rights or there has been substantial performance in implementing the contract.
    Furthermore, because rescission is supposed to be imposed mutually upon both sides to a
    contract, the party seeking rescission normally must offer to give back all benefits he or she
    has received under the contract (an "offer of tender")

    The injured party may rescind the contract by giving notice to the representor. However, this
    is not always necessary as any act indicating repudiation, eg notifying the authorities, may
    suffice.(Car & Universal Finance v Caldwell) 1

    Alternate terms

    Virginia uses the term "cancellation" for equitable rescission. Furthermore, a minority of
    common law jurisdictions, like South Africa, use the term "rescission" for what other
    jurisdictions call "reversing", "overturning" or "overruling" a court judgment. In this sense,
    the term means to be set aside or made void, on application to the court that granted the
    judgment or a higher court. Applications to rescind a judgment are usually made on the basis
    of error or for good cause.

    Most common law jurisdictions avoid all this confusion by holding that one rescinds a
    contract and cancels a deed (i.e. of real property), and treat rescission as a contractual remedy
    rather than a type of procedural remedy against a court judgment.

    The right to rescind a contract seems to suppose not that the contract has existed only in
    appearance; but that it has never had a real existence on account of the defects which
    accompanied it; or which prevented its actual execution.

    A contract cannot, in general, be rescinded by one party unless both parties can be placed in
    the same situation, and can stand upon the same terms as existed when the contract was
    made. The most obvious instance of this rule is, where one party by taking possession, etc.,
    has received a partial benefit from the contract.

    AIMS AND OBJECTIVE

    1. The researcher tends to analyse the rescission of contract.

    2. The researcher tends to highlight the Presumed rescission of contract.

    1
    Car & Universal Finance v Caldwell [1965] 1 QB 525
    3. The researcher tends to highlight the cases related to rescission of contract.

    HYPOTHESIS

    The researcher presumes that in every condition it has to be proved that defendant exerted the
    rescission of contract on the plaintiff.

    RESEARCH QUESTION

    The researcher has formulated following research questions:

    1) What are the various reasons for which a contract can be rescinded?
    2) When a rescission can be refused?
    3) What are the reliefs provided in case rescission?

    RESEARCH METHODOLOGY

    The researcher has relied upon doctrinal method of research to complete the project.

    TENTATIVE CHAPTERISATION

    1) INTRODUCTION
    2) VOIDABLE CONTRACT
    3) SPRCIAL RELIEF ACT 1963
    4) SECTION-30 COURT MAY REQUIRE PARTY RESCENDING DO THE EQITY
    5) RELATED CASES
    6) CONCLUSION

    BIBLIOGRAPHY

    1) Pollock and Mulla on Indian contract and Specific Relief acts 10 th edn – 1044-4
    2) Avtar Singh – Principles of Mercantile law
    3) R.K. Bangia

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