Mutual Rescission: undo an existing contract & return parties to status quo ante (what it was before the breach) Ex.: mutual mistake
Unilateral rescission: withdraw due to:
Status: minority, insanity (not adjudicated)
Wrongdoing: fraud, duress, undue influence, intentional, negligent misrepresentation, mutual mistake, by state or federal statute
Breaching party must perform act she promised
Available in only two situations:
real estate (presumed unique) and
unique personal property, e.g., antique car, painting etc.
Goods are generally fungible (alike)- so do not qualify for the remedy.
Specific performance for services not allowed:
1. cannot assure adequate performance
2. courts do not have the ability or resources to oversee performance
3. you may be making someone work sometimes against her will