The remedy of rescission is not available if the parties cannot be returned to their original positions because the subject matter of the contract has been destroyed or damaged.

Question

Quizplus · Accepted Answer

Rescission requires that the parties be restored to their original positions before the contract was made. If the subject matter of the contract has been destroyed or damaged, making it impossible to return the parties to their original state, rescission may not be an available remedy.

The Remedy of Rescission Is Not Available If the Parties