Rescission of a voidable contract is communicated and revoked in the s...
“The rescission of a voidable contract may be communicated or revoked in the same manner, and subject to the same rules, as apply to the communication or revocation of the proposal.”
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Rescission of a voidable contract is communicated and revoked in the s...
Communication of Revocation
The communication of revocation refers to the act of withdrawing or cancelling an offer or acceptance. It is an important aspect of contract law as it determines when a contract becomes legally binding or unenforceable. The communication of revocation can be made by the offeror or the offeree, depending on who wishes to revoke their position in the contract.
Rescission of a Voidable Contract
Rescission is the act of cancelling or annulling a contract. A voidable contract is a contract that is initially valid but can be voided or cancelled by one or both parties due to certain legal grounds. When a contract is rescinded, it is treated as if it never existed, and both parties are released from their obligations under the contract.
Communication and Revocation of Rescission
The communication of revocation of a voidable contract is done in the same manner as the communication of revocation of a proposal. This means that it is communicated by the party who wishes to rescind the contract to the other party involved. The communication of revocation must be clear, unambiguous, and effectively communicated to the other party.
Revocation of Proposal
When a proposal is made by one party to another, it can be revoked at any time before it is accepted. The revocation of a proposal must be communicated to the other party before they have accepted the proposal. Once the revocation is effectively communicated, the proposal becomes invalid, and the other party cannot accept it.
Revocation of Acceptance
Similarly, the revocation of acceptance is the act of withdrawing or cancelling an acceptance of a proposal. Once a proposal is accepted, it becomes a legally binding contract. However, the acceptance can be revoked by the offeree before the contract is formed. The revocation of acceptance must be effectively communicated to the offeror.
Conclusion
In conclusion, the communication and revocation of a voidable contract is done in the same manner as the communication of revocation of a proposal. This means that the party who wishes to rescind the contract must communicate their intention clearly and effectively to the other party involved. By doing so, the contract is cancelled, and both parties are released from their obligations.
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