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The easiest way to cancel your mortgage agreement is to use the notice of rescission that you received from your lender about your right to rescind. “Any titleholder can sign it and send it ...
Rescission at common law (as distinct from rescission in equity) is a self-help remedy: historically, the common law courts simply gave effect to the rescinding party's unequivocal election to rescind the contract. Rescission at common law is only available for fraudulent misrepresentations and duress.
Rescission; Quasi-contractual obligations; Promissory estoppel 1; Quantum meruit 1; Unjust enrichment; Restitution; Negotiorum gestio 2; Duties of parties; Duty of honest contractual performance (or doctrine of abuse of rights) 6; Duty of good faith (also implied covenant of good faith and fair dealing or duty to negotiate in good faith) 7
The Truth in Lending Act (TILA), or Regulation Z, is a federal law that protects you from unfair and predatory lending practices. Under TILA, you have the right to rescission. This is a consumer ...
Many commercial contracts include clauses that set out a process whereby notice must be given and in what form. Consequently, if there is a written contract, care should be taken to check the contract terms and to ensure compliance notwithstanding that the other party may, on the face of it, have committed a clear and repudiatory breach.
For real property, land registration and recording provide public notice of ownership information. Possession is the actual holding of a thing, whether or not one has any right to do so. The right of possession is the legitimacy of possession (with or without actual possession), evidence for which is such that the law will uphold it unless a ...