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In contract law, rescission has been defined as the unmaking of a contract between parties.〔Abdallah, Inc. v. Martin, 242 Minn. 416, 420, 65 N.W.2d 641, 644 (1954).〕 Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the ''status quo ante''). ==In court== Rescission is an equitable remedy and is discretionary.〔(Alati v Kruger(1955) 94 CLR 216, 223 )〕 A court may decline to rescind a contract if one party has affirmed the contract by his action (see ''Long v Lloyd'' () 1 WLR 753) or a third party has acquired some rights or there has been substantial performance in implementing the contract. Furthermore, because rescission is supposed to be imposed ''mutually'' upon both sides to a contract, the party seeking rescission normally must offer to give back all benefits he or she has received under the contract (an "offer of tender"). The US state of Virginia uses the term "cancellation" for equitable rescission. Furthermore, a minority of common law jurisdictions, like South Africa, use the term "rescission" for what other jurisdictions call "reversing", "overturning" or "overruling" a court judgment. In this sense, the term means to be set aside or make void, on application to the court that granted the judgment or to a higher court. Applications to rescind a judgment are usually made on the basis of error or for good cause. Most common law jurisdictions avoid all this confusion by holding that one ''rescinds'' a contract and ''cancels'' a deed (i.e., of real property), and treat rescission as a contractual remedy rather than a type of procedural remedy against a court judgment. In Australia, the Court of Equity may grant partial relief under the contract if good conscience and practical justice is observed by the court. 〔''Vadasz v Pioneer Concrete (SA) Pty Ltd'' (1995) 130 ALR 570 (AustLII )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「rescission」の詳細全文を読む スポンサード リンク
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