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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If a contract is rescinded (and the contract specifically allows

Resolved Question:

If a contract is rescinded (and the contract specifically allows for rescission for specific breaches) can the innocent party still make a claim for damages?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What is the basis of the rescission please?

Customer:

Fundamental breach of contract

Customer:

The contract specifically refers to the 'act' shall we say as a fundamental breach and specifically provides for the other party to rescind the contract.

Customer:

Can they, in addition to rescinding the contract, claim damages?

Alex Watts :

OK - yes they can.

Customer:

Thank you

Alex Watts :

Rescinding ends the contract but does NOT prejudice any position to bring a claim for breach of contract

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No that's great thank you Alex

Alex Watts :

Can I help with anything else today?

Ash and 3 other Law Specialists are ready to help you

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