ContractsIntermediateAlabama Exam

Which of the following BEST describes 'rescission' of a contract?

AA court ordering specific performance, though outcomes can differ depending on circumstances
BCancelling the contract and restoring both parties to their original pre-contract positionsCorrect
CModifying the contract terms
DExtending the performance deadline

Why Cancelling the contract and restoring both parties to their original pre-contract positions Is Correct

Answer B: Cancelling the contract and restoring both parties to their original pre-contract positions

Rescission cancels the contract and returns both parties to the position they were in before the contract was entered into. If the buyer paid earnest money and the contract is rescinded, the earnest money is returned.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

Key Contracts Terms in This Question

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