Can rescission be rescinded where the rights of third parties are prejudiced?

California, United States of America


The following excerpt is from Angle v. U.S. Fidelity and Guaranty Co., 20 Cal.Rptr. 391, 201 Cal.App.2d 758 (Cal. App. 1962):

However, there can be no rescission where the rights of third parties would be prejudiced. In Beckwith v. Sheldon, 165 Cal. 319, p. 324, 131 P. 1049, p. 1051, the court stated: 'It is, of course, fundamental that, where the rights of others have intervened and circumstances have so far changed that rescission may not be decreed without injury to those parties and their rights, rescission will be denied and the complaining party left to his other remedies [citation].'

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