What are the consequences of a contract rescission?
May 23, 2023 | 40,00 EUR | answered by Mia Schulz
Dear lawyer,
I am reaching out to you as I urgently need advice on a contract rescission. Some time ago, I entered into a contract which I now wish to rescind due to certain circumstances. The situation is as follows: I entered into a contract with a company for the delivery of goods, however, it has since come to light that the company provided false information and the contract was therefore entered into mistakenly.
I am very concerned about the potential consequences of a contract rescission. What legal implications could I face? Is it possible to void the contract and get my money back? What happens to the goods that have already been delivered? Are there any potential claims for damages that I could pursue?
I am unsure of the best course of action in this situation and I am hoping for your expert advice. What steps could I take to successfully carry out the contract rescission and protect my interests? Thank you in advance for your support and I look forward to your response.
Yours sincerely,
Björn Hirschberg
Dear Mr. Hirschberg,
Thank you for your inquiry and your trust in my professional expertise in the field of contract law. I would be happy to help you in your current situation and provide you with some important information on contract rescission.
First and foremost, it is important to know that a contract can be rescinded if it was entered into under a mistake. In your case, you mentioned that the company made false statements, leading to a mistaken contract formation. This is a typical case for rescission due to fraudulent misrepresentation. In such a case, you have the right to rescind the contract and undo it.
The legal consequences of a successful contract rescission usually involve undoing the contract. This means that both parties are placed in the position as if the contract had never been entered into. You are entitled to get your money back and return any goods that have already been delivered. It is important to return the goods in the condition you received them to avoid conflicts.
Furthermore, you may be able to claim damages if you suffered financial harm due to the company's false statements. It is advisable to gather all relevant documents and evidence to support your claims for damages.
To successfully carry out the contract rescission, you should first inform the company in writing that you are rescinding the contract and requesting a reversal. If the company is not cooperative, I recommend consulting a lawyer who can assist you in this process.
I hope this information is helpful to you and supports you in your situation. If you have any further questions or need legal assistance, I am at your disposal.
Best regards,
Mia Schulz, Attorney at Law
