Rescission, cancellation and election

Masum, Ahmad and Ali Mohamed, Ashgar Ali and Ahmad, Muhamad Hassan and Arowosaiye, Yusuf Ibrahim (2024) Rescission, cancellation and election. In: Contract Law in Malaysia. CLJ Malaysia Sdn Bhd, Ampang, Selangor, pp. 517-529. ISBN 978-967-457-199-3

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Abstract

This chapter generally discusses some of the equitable remedies, i.e., rescission, cancellation and election, available under the Specific Relief Act 1950. Basically, rescission is a right of an aggrieved party to set aside a contract and place in a position like before entering into the contract. On the other hand, cancellation is sought to nullify a written document between the parties in order to make it inoperative and invalid. By election, an aggrieved party chooses between two inconsistent or alternative rights or claims. It refers to the choice of a contracting party to terminate or affirm, and subsequently, which remedy to pursue.

Item Type:	Book Chapter
Additional Information:	2924/115764
Uncontrolled Keywords:	Rescission, cancellation, election
Subjects:	K Law > K Law (General) K Law > K600 Private Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr Ashgar Ali Ali Mohamed
Date Deposited:	03 Dec 2024 11:53
Last Modified:	12 Dec 2024 16:37
URI:	http://irep.iium.edu.my/id/eprint/115764

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