Question
In contracts remedies, in order to get rescission, does the plaintiff need to show that the legal remedies are inadequate? or is a showing of
In contracts remedies, in order to get rescission, does the plaintiff need to show that the legal remedies are inadequate? or is a showing of fraud, misrepresentation or mistake enough ? I ask this because I understand that rescission is an equitable remedy and in order to obtain an equitable remedy the plaintiff needs to show the inadequacy of legal remedies. However, in most outlines and sample answers the inadequacy of legal remedy is not listed as an element or part of the analysis. Same goes for reformation which is another equitable remedy. Is it necessary that P shows the inadequacy of legal remedies to get rescission or reformation of a contract?
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