From Florida Legal Wiki
The fundamental requirements necessary to state a cause of action for rescission or cancellation of a contract are:
- The character or relationship of the parties;
- The making of the contract;
- The existence of fraud, mutual mistake, false representations, impossibility of performance, or other ground for rescission or cancellation;
- That the party seeking rescission has rescinded the contract and notified the other party to the contract of such rescission.
- 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.
- 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).