What are the legal consequences of repudiating a voidable contract?

Nova Scotia, Canada


The following excerpt is from Mosher v. Benson, 2008 NSSM 72 (CanLII):

I turn to the legal consequences of repudiating a voidable contract. I again refer to the Fridman text (p. 152): Recovery of money paid or property transferred by the minor under such a contract has been said to depend on either total failure of consideration or the possibility of restitutio in integrum. Cases may be cited in support of both propositions. Perhaps both maybe involved, as was suggested in Sturgeon v. Starr in 1911: If an infant pay money without valuable consideration he can get it back; and if he pay money for valuable consideration he may also recover it; but subject to the condition that he can restore the other party to his former position. [Emphasis Supplied]

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