Lexipedia

Rescission

Rescission unwinds a contract or obligation, typically requiring restitution of performances already exchanged.

Rescission is a remedy that brings a contract to an end with reversal effects, rather than merely ending future duties. In Swiss obligations law it appears in several contexts, including defects in sales, delay, mistake, fraud, duress or contractual termination rights. Its legal consequences depend on the ground invoked: parties may have to return what they received, compensate use or loss, and address damages separately. The term should be distinguished from ordinary termination, which often operates only for the future, especially in continuing contracts.