Asked by Tyasia Lynah on Jul 14, 2024

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Lunch Truck Inc. contracts to deliver and serve Meal Catering Service's products to its clients for $5,000 per event, payable in advance. Meal pays the money, but Lunch fails to perform. Can Meal rescind the contract? Can Meal also obtain restitution? What does it mean to "rescind" a contract? How is a contract rescinded? What is restitution? How is restitution accomplished? Explain.

Restitution

The act of compensating for loss, damage, or injury caused; often involves the return of property to its rightful owner.

Rescind

To nullify, terminate, or abrogate a law, order, or agreement.

Contract Rescinded

The act of legally declaring a contract null and void, as if it never existed, typically due to fraud, mistake, or another reason making the contract not viable.

  • Understand the legal processes involved in rescinding a contract and obtaining restitution.
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Leslie GuzmanJul 20, 2024
Final Answer :
Yes, Meal can rescind the contract and obtain restitution.
A breach of contract by a failure to perform entitles the nonbreaching party to rescind, or cancel, the contract, and the parties must make restitution, which is the returning of whatever benefit they conferred on each other. These remedies are particularly available when the breaching party would otherwise be unjustly enriched, as in this question. Rescission is an action to cancel a contract-to return the parties to the positions they were in before the transaction. It is also available in cases involving fraud, mistake, duress, or failure of consideration. To rescind, a nonbreaching party must give prompt notice to the breaching party. Both parties must then make restitution to each other by returning whatever was conveyed in execution of their contract. If the goods or property conveyed can be returned, they must be. If the actual items cannot be returned, an equivalent amount in money must be paid.