In the time of paper money and the fairly rapid deterioration of this paper, rescissory actions were abolished even in civil matters, with good reason, since these matters were as mobile and uncertain as matters of commerce. |
The ruling reinstates Assured's demands for rescissory and other damages and fees. |
The seller who intends to institute a rescissory action shall notify such action by extrajudicial act or by any means in writing to the creditors entered against the business at the elected domicile in their entries. |
Finally, it shows that the same reasoning supports rescissory remedies for contractual mistake, frustration, or impossibility. |
Most state securities acts provide for rescissory damages when a sale involves fraud, deceit, or a material misrepresentation or omission of fact. |
The law may however continue to apply to the circumstances effected before the rescission, with the exception of the case in point, unless the Court in its rescissory judgment decides otherwise. |