Difference between Rectification & Rescission
Difference between Rectification & Rescission
- RECTIFICATION –
- There is a presumption of a complete contract in Rectification. It aims at the correction of an error in an instrument in order to give effect to the real intention to the parties.
- Fraud and Mistake are the grounds of rectification.
- The aggrieved party prays for bringing the writing in conformity with the true intention of the parties.
- In rectification, the plaintiff may in addition to his prayer for rectification may pray for specific performance.
- RESCISSION –
- Under rescission and cancellation the instrument is or has become void or voidable.
- The ground of Rescission or cancellation are much wider in scope.
- The prayer is writing in conformity with the true intention of the parties.
- Specific Performance may be prayed for.