If an injured party in a contract has demanded rescission, he later may ask for performance. However, of he seeks performance, he can no longer seek for rescission of the contract.

Question

Quizplus · Accepted Answer

Seeking performance after initially demanding rescission generally affirms the contract, which typically precludes the option to later seek rescission. Rescission and performance are mutually exclusive remedies in contract law.

If an Injured Party in a Contract Has Demanded Rescission