Mutual Rescission and Release Agreement Style 86

Let us know when your receive great advice so we can thank our lawyers and point others with similar questions in the right direction. Note that a rescission is not an end in itself: it may open avenues of discussion with the other party that might otherwise have been closed. You can review your mutual expectations and concerns, perhaps even laying the groundwork for future agreements and interactions. 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.

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