PLA 3014 Lecture Notes - Lecture 1: Caveat Emptor, Veterinary Medicine, Rescission
22 Feb 2018
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We conclude that injustice would result here if plaintiffs were not granted some relief because of the failure of defendants to keep their promises which induced plaintiffs to act to their detriment. "since there was found to be no severable legal component of the consideration for defendant"s promise, the court correctly ruled in the alternative that the contract was void against public policy. We have considered plaintiff"s argument based on theories of estoppel and unjust enrichment, and find them to be without merit. " "application of the remedy of rescission, within the bounds of the narrow exception to the doctrine of caveat emptor set forth herein, is entirely appropriate to relieve the unwitting purchaser from the consequences of a most unnatural bargain. The judgement should be modified, on the law and the facts, and in the exercise of discretion, and the first cause of action seeking rescission of the contract reinstated, without costs. "
