Thursday, September 24, 2020

Difference between Rectification & Rescission

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Difference between Rectification & Rescission

Difference between Rectification & Rescission

  • RECTIFICATION –
  1. 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.
  2. Fraud and Mistake are the grounds of rectification.
  3. The aggrieved party prays for bringing the writing in conformity with the true intention of the parties.
  4. In rectification, the plaintiff may in addition to his prayer for rectification may pray for specific performance.

 

  • RESCISSION –
  1. Under rescission and cancellation the instrument is or has become void or voidable.
  2. The ground of Rescission or cancellation are much wider in scope.
  3. The prayer is writing in conformity with the true intention of the parties.
  4. Specific Performance may be prayed for.

 

 

 

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