Rescission

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The fundamental requirements necessary to state a cause of action for rescission or cancellation of a contract are:

  1. The character or relationship of the parties;
  2. The making of the contract;
  3. The existence of fraud, mutual mistake, false representations, impossibility of performance, or other ground for rescission or cancellation;
  4. That the party seeking rescission has rescinded the contract and notified the other party to the contract of such rescission.
  5. If the moving party has received benefits from the contract, he should further allege an offer to restore these benefits to the party furnishing them, if restoration is possible.
  6. Lastly, that the moving party has no adequate remedy at law.

Crown Ice Mach. Leasing Co. v. Sam Senter Farms, Inc., 174 So. 2d 614, 617 (Fla. 2d DCA 1965).

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