Can a rescission clause in a contract be rescinded?
British Columbia, Canada
The following excerpt is from First City Capital Ltd. v. B.C. Building Corp., 1989 CanLII 2868 (BC SC):
There is also authority for the proposition that rescission may be granted where a party, having an indication that the other party is entering the contract under some serious mistake or misapprehension regarding a fundamental term, either proceeds on a course of willful ignorance designed to inhibit his own actual knowledge of the other’s mistake, or deliberately sets out to ensure that the other party does not become aware of the mistake: Taylor v. Johnson, at p. 201.
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