Separating Rescission and Restitution
Journal of Contract Law
Reason for embargo
Under temporary indefinite embargo pending publisher permission.
This article argues that rescission of a contract and restitution of what passed under it are best viewed as two distinct operations. Similarly, inability to give counter-restitution, lapse of time, and third party rights, should not be bars to rescission; they are best accommodated at the restitution stage.
This is the accepted author manuscript
Awaiting citation and DOI