The seller who intends to institute a rescissory action shall notify such action by extrajudicial act or by any means in writing to the creditors entered against the business at the elected domicile in their entries. |
Most state securities acts provide for rescissory damages when a sale involves fraud, deceit, or a material misrepresentation or omission of fact. |
The law may however continue to apply to the circumstances effected before the rescission, with the exception of the case in point, unless the Court in its rescissory judgment decides otherwise. |
He shall also enter his rescissory action in advance in the Register, in accordance with the provisions stipulated for this purpose in the Uniform Act on the organization of securities. |
The ruling reinstates Assured's demands for rescissory and other damages and fees. |
Finally, it shows that the same reasoning supports rescissory remedies for contractual mistake, frustration, or impossibility. |