Mutual Rescission and Release Agreement Style 155

Mutual rescission, or rescission by agreement, is a discharge of both parties from the obligations of a contract by a new agreement made after the execution of the original contract but prior to its performance. Rescission by mutual assent is separate from the right of one of the parties to rescind or cancel the contract for cause, or pursuant to a provision in the contract. When both parties want to invalidate an agreement that neither has fulfilled completely, and to release all of their related obligations and rights under that agreement, they may use a rescission to meet these objectives. If one or both parties have completed key tasks required of them under the agreement, a different remedy is generally required (often a claim for restitution). Rescission "turns back the clock" and puts each party back in the position they held before the agreement became effective. It is, as some courts have said, the un-making of a contract. When both parties want to invalidate an agreement that neither has fulfilled completely, and to release all of their related obligations and rights under that agreement, they may use a rescission to meet these objectives. If one or both parties have completed key tasks required of them under the agreement, a different remedy is generally required (often a claim for restitution).

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