LEGAL GUIDE
Written by attorney Dana Elaine Quigley | Sep 7, 2011

Florida - The Essential Pleading and Proof Elements for Rescission

FLORIDA

THE ESSENTIAL PLEADING AND

PROOF ELEMENTS OF RESCISSION

In order to state a cause of action for rescission, the following elements must pled in the Complaint:

(1) character or relationship of the parties;

(2) making of a contract;

(3) existence of fraud, mutual mistake false representations, impossibility of performance, or other ground for rescission or cancellation;

(4) that the party seeking rescission has rescinded the contract and notified the other party to the contract of such rescission;

(5) if the moving party has received benefits from the contract, it should further allege an offer to restore these benefits to the party furnishing them; and

(6) that the moving party has no adequate remedy at law. Billian v. Mobile Corporation, 710 So.2d 984, 991 (Fla. 4th DCA 1998), rev. denied 725 So.2d 1109 (Fla. 1998).

All of the essential elements must be shown with competent proof before rescission can be granted.

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