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Rescission Civil Code

Allen Matkins

Does An Attorney's Fee Clause Survive Contract Rescission?

Allen Matkins on

When a party is allowed to rescind a contract, the contract is quite literally torn up. Thus, Section 1688 of the California Civil Code provides "A contract is extinguished by its rescission". If a contract is extinguished by...more

Allen Matkins

Rescission And The California Corporations Code

Allen Matkins on

Yesterday, I wrote about an attempt, albeit unsuccessful, to avoid a forum selection clause by a claim of rescission. The plaintiffs’ in that case, Hatteras Enterprises, Inc. v. Forsythe Cosmetic Group, Ltd., 2016 U.S. Dist....more

Allen Matkins

Which Comes First, Rescission Or Choice Of Forum?

Allen Matkins on

A recent ruling by U.S. District Court Judge Arthur D. Spatt raises the interesting question of whether a choice of law provision can be vitiated by rescission. The case, Hatteras Enterprises, Inc. v. Forsythe Cosmetic...more

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