0
If a party to a contract commits a breach the aggrieved party has the remedy of Rescission. He can rescind the contract. It means that he can withdraw from the contract. In this way he can free himself from all the obligations of the contract.
The party can by way of Specific Relief seek a direction from the Court to rescind the contract. The main aim of the relief of rescission is to put an end to the contract and bring back the parties to their original position.
Section 27 of the Specific Relief Act,1963 deals with this relief. In a suit for specific performance of a contract the plaintiff may also seek an alternative relief of Rescission. So if the Court has not allowed the specific performance of the contract, it may allow the party to withdraw from the same. This is provided under Section 29 of the Specific Relief Act. If the contract is rescinded the Court may ask the party to restore benefits he received from the contract. This is mentioned in Section 30 of the Act.

Post a Comment

Do not use abusive language

 
Top