In countries that practice the Common law, is there a difference in the meaning of "repudiate", "rescind", "avoid", "void" legally?
Also when the innocent party can choose voiding the contract and/or suing for damages, in practice how does the party choose to continue the contract when the other obviously can't perform?
2006-08-20 18:29:47 · 2 answers · asked by tom t 1 in Education & Reference ➔ Homework Help
Yes, there is a difference. To repudiate is to deny or refuse to recognize. I repudiate the benefit which was bought for me by him. To rescind is to withdraw like it never existed. To avoid is to state that conditions necessary did not occur. The damage was caused by water, so there was no insurance coverage. Void means that it is invalid as a matter of law and is of no effect. The deed to the lot on the moon is void. When you sue for damages, you are asking that the defendant pay for not performing. It may be because he can't or it may be just because he won't. I'm not going to honor that contract to sell you oil for $40 a barrel when I can sell it for $70 a barrel. If the defendant is bankrupt and cannot perform, then there is nothing that can be done.
I hope that helps.
2006-08-23 20:50:06 · answer #1 · answered by rehabob 4 · 0⤊ 0⤋
http://www.americanangst.com/dingfries.html
2006-08-20 18:39:14 · answer #2 · answered by momoftrl 4 · 0⤊ 1⤋