When a valid contract is rescinded, restitution generally requires each party to:
Correct answer: C. Return benefits received under the contract where possible
- A. Retain all benefits already received
- B. Pay criminal compensation to the state
- C. Return benefits received under the contract where possible
- D. Transfer all property to the court
Explanation
Rescission aims to undo the transaction, so parties generally return benefits received under the contract. Restitution restores the parties, as far as possible, to their pre-contract positions.
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About Civil Law
Civil law governs disputes involving private rights, including contracts, property, family relations, torts and compensation. The subject explains breach of duty, civil liability, damages, specific relief, injunctions and other remedies, while distinguishing private claims between individuals from criminal proceedings brought to punish offences against the state.
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