Under certain circumstances, a party claiming to have been the victim of a breach of contract can seek the remedy of rescission. Under that approach, instead of seeking damages resulting from the breach of contract, what is sought is to undo the contract entirely, returning the parties to the positions they occupied before entering into the contract. But rescission is not available or appropriate in all situations. To seek rescission, the non-breaching party must act promptly and the parties must be able to be returned to the position they occupied prior to the contract. If it is not possible for the parties to be returned to that position, then rescission is inappropriate, and damages for breach is the proper remedy.
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