| The trio then promptly lodged a rescission, along with a notice of motion proposing a nine-member council. |
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| The true view is that wherever the remedy of rescission is available it operates to restore the status quo ante so far as that is possible. |
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| The plaintiff seeks restitution based on rescission of the contract as a result of the failure of the defendant to disclose. |
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| So this was not a threat to revoke, this was a notice of rescission or revocation. |
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| As with misrepresentation, certain bars operate to prevent rescission. |
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| The cooling-off period is expected to replace the existing rights of withdrawal and rescission provided to investors. |
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| The notice will also indicate that the rescission process will continue, even if the individual does not reply within the prescribed time. |
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| The provision would particularly protect small businesses, for which a primary right of rescission could be unreasonably harsh. |
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| If repairs fail, the customer may demand at his choice lowering of remuneration or rescission of the contract. |
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| Non-compliance with the disclosure requirement under the Act exposes franchisors to significant consequences, including rescission of franchise agreements. |
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| The defendants claim rescission of the Charge Agreement or damages. |
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| This rescission right does not extend to Holders buying a Deposit Note in the secondary market. |
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| A rescindable contract cannot be validated but rescission does not occur if an equitable basis is restored by agreement between the parties or, by judicial ruling at the request of one of them. |
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| At the customer's request, the seller shall declare at the end of such period whether it intends to exert its right of rescission or supply the products within a reasonable period. |
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| The confidentiality obligations under these Terms shall survive any termination, expirations, or rescission of these Terms, as well as continue beyond any time in which You or the Contracting Party were using the Service. |
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| Such legislation further provides a purchaser with remedies for rescission, price revision or damages where the short form prospectus contains false or misleading information, or was not delivered to the purchaser. |
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| Upon the exercise of the rescission right, TD Canada Trust will refund to you the Principal, if any, deposited pursuant to the purchase and any fees relating to the purchase that you have paid. |
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| All disclaimers, limitations of warranties and damages, and confidential commitments set forth in these Terms or otherwise existing at law survive any termination, expiration or rescission of these Terms. |
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| A finding of misrepresentation allows for a remedy of rescission and sometimes damages depending on the type of misrepresentation. |
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| Under Mauritanian law, a minor who has entered into a contract without the authorization of his father or guardian is not bound by the commitments he has undertaken and can call for their rescission. |
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| The lender had argued that a formal lawsuit must be filed in order to obtain the rescission relief requested. |
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| If a borrower terminates and repays the reverse mortgage within the rescission period, the insurance premium will be exempted. |
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| Nothing in this Article shall entitle the lessee to negotiate a modification, termination or rescission of the supply agreement without the consent of the lessor. |
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| Thus, Rand J, in obiter dictum, held that the extinction of the contract does not affect taxes already collected, at least where there has not been a total rescission of the contract. |
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| A rescission can be executed by mutual agreement of the parties, or by one of the parties declaring rescission of the contract without the consent of the other if a legally sufficient ground exists. |
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| With minor defects, we are also entitled to rescission of contract. |
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| Thus, rescissions have been respected when the parties are related and when the rescission did not occur pursuant to a right spelled out in the original contract. |
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| Because the payment schedule is still a material disclosure under the right of rescission rule, the MDIA impacts the secondary market greatly for rescindable loans. |
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| Rescission is the principal remedy and damages are also available if a tort is established. |
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