Baldwin & Briscoe P.C.
301-862-4400
22335 Exploration Drive Ste. 2030
Lexington Park, MD 20653
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Rescission

 

When a contract is rescinded, it is voided and the parties are returned to the positions that they were in prior to entering the contract. 

 

  In order to obtain a rescission of contract by the court, the plaintiff in the case must plead and prove the following elements:

 

  1.       That the plaintiff entered into a contract because of fraud, negligent misrepresentation, undue influence or duress, or that there was a material breach of the contract by the defendant, or that there was a mutual or unilateral mistake in contracting.

 

  2.       That the plaintiff returned the consideration or was unconditionally willing to return the consideration to the defendant, along with any benefits that the plaintiff received based on the contract.

 

  3.       That the plaintiff acted promptly in rescinding the contract and didn’t treat the contract as an ongoing obligation; and

 

  4.       That the plaintiff notified the defendant of the intention to rescind.

 

  In some cases, there may be no consideration for the plaintiff to return, or the plaintiff may have some other claim that offsets the consideration.  In these cases, the court may permit the plaintiff to obtain a rescission of the contract without returning the consideration.

 

  The importance of acting promptly to rescind the contract cannot be overstated.  A plaintiff’s duty to act arises when the plaintiff first becomes aware of the facts that give rise to the right to rescind.  The plaintiff must give notice of intention to rescind within a reasonable period of time.  The specific amount of time that is reasonable will vary depending on the underlying facts.  The court will decide what’s reasonable on a case-by-case basis.

 

  If a plaintiff continues to treat the contract as ongoing, such as by continuing to receive and accept benefits under the contract, the court is likely to find that the right to rescind has been waived.  A plaintiff can also affirmatively waive their right to rescind by indicating to the defendant that they will continue to be bound by the contract.  A party who has chosen not to rescind may still seek damages through other remedies, such as for breach of contract or fraud.

 

  The experienced attorneys at Baldwin & Briscoe can assist you if you are a party to a contract which should be rescinded.  If you have questions about the rescission of a contract, you may wish to contact Baldwin & Briscoe.

 

  The information contained on this page is provided as general information and does not constitute legal advice.  We’d be happy to sit down with you and review your situation and provide appropriate advice.  Call today for your no-obligation consultation. 

 

The Law Offices of Baldwin & Briscoe, P.C. also offers these services:

Bankruptcy and ForeclosureBusiness LawCivil LitigationCriminal DefenseEmployment, Disability, and Consumer RightsFamily LawGovernment Contracts LawIntellectual Property, Personal InjuryReal Estate, Social Security Disability & Workers’ Compensation and Wills, Trusts, & Estates



Contact Us

The Law Offices of Baldwin, Briscoe & Steinmetz, P.C.

22335 Exploration Drive

Suite 2030

Lexington Park, MD 20653

301-862-4400 Phone

301-862-3009 Fax

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Our Attorneys

Samuel C.P. Baldwin, Jr., Esq.

Janice Briscoe, Esq.

Richard J. Steinmetz Jr., Esq.

David J. Hebb, Esq.

Sandra Kaufman Jonasen, Esq.


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With an office conveniently located in Lexington Park, The Law Offices of Baldwin, Briscoe & Stienmetz, P.C. serves clients in the counties and cities of Lexington Park, Leonardtown, Hollywood, Mechanicsville, Loveville, Helen, Breton Bay, Chaptico, Charlotte Hall, Golden Beach, Avenue, La Plata, Waldorf, Newburg, Port Tobacco, Port Charles, Solomons Island, Prince Frederick, Chesapeake Shores, Hughesville, Benedict, Nanjemoy, Lusby, Port Republic, St. Mary's County, Charles County, Calvert County, Prince George's County, Southern Maryland.


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