What is one remedy for a breach of contract that involves restoring the parties to their original position?

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Rescission is a legal remedy that allows for the cancellation of a contract, effectively restoring both parties to their original positions as if the contract had never been executed. This remedy is particularly relevant in situations where a contract was formed under certain conditions that later prove to be flawed, such as misrepresentation, undue influence, or mutual mistake.

When rescission is granted, the parties involved are required to return any benefits they received under the contract. This may involve returning money, property, or any other consideration exchanged. The goal is to negate the contract and eliminate any obligations that arose from it, allowing both parties to go back to their initial state before engaging in the agreement.

In contrast, damages typically involve a monetary compensation awarded to a party for loss incurred due to breach, quantum meruit refers to a claim for the value of work performed when there is no formal contract, and specific performance is a remedy where the breaching party is ordered to fulfill their contractual obligations rather than being compensated monetarily. These options do not focus on returning the parties to their original positions in the same way that rescission does.

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