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Illinois Forms of Jury Instruction
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

1-15 Illinois Forms of Jury Instruction 15.syn




Mary Catherine McGuire ;and Alexandria D'Italia

Chapter Summary


This chapter, Rescission, from Illinois Forms of Jury Instruction covers the issues that involve rescission of contracts and that are likely to be presented to a jury either in a plaintiff's suit for rescission and damages or as a defense to a contract action. Part A contains instructions on the nature and effect of rescission, including rescission of third-party beneficiary contracts. In Part B, the instructions explain the bases for rescission including consideration of consent, acceptance of repudiation, improper conduct of a third party, material failure of consideration, and breach of contract. Part C addresses defenses to rescission and provides an instruction for the defense of laches.

Illinois Forms of Jury Instruction (Matthew Bender) provides a practical guide to drafting instructions that accurately reflect Illinois law and are comprehensible to jurors, combining both Illinois Pattern Jury Instructions (IPI) and non-IPI jury instructions. It covers general and cautionary instructions, as well as instructions in the substantive areas of contracts, torts, and statutory actions. The suggested instructions are accompanied by the case or statutory authorities on which the instruction is based, and a subsection explaining how and when an instruction should be used with guidelines for using alternative provisions.


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For instructions related to rescission for mistake, fraud, undue influence, and duress see Chapter 11.

See Chapter 10 for coverage of rescission alleged to be by mutual consent.

See Chapter 13 when there is an issue as to whether the rescinding party has a right to rescind because of that party's own breach of the contract.

Instructions on contract damages are provided in Chapter 14.


See Corbin on Contracts (Matthew Bender) for exhaustive and authoritative analysis of all the rules of contract law, including all exceptions and variations.

See Commercial Damages: A Guide to Remedies in Business (Matthew Bender) for expert analysis of specific remedies; examination of litigation costs, economic factors, and other relevant practical considerations for both plaintiffs' and defendants' attorneys; and coverage of specific situations in which the business entity has been damaged, including remedies for breach of contract for the sale or lease of goods.

See Illinois Jurisprudence (Matthew Bender) for an encyclopedia of Illinois law providing a one-step, comprehensive synthesis of more than 350 subject areas, covering criminal law and procedure, probate, family law, business relationships, personal injury and torts, property, commercial law, municipal law, labor and employment, insurance, civil procedure, education law, workers' compensation, health law, and elder law.

See Modern Federal Jury Instructions--Civil (Matthew Bender) for authoritative jury instructions for any federal civil case, including general instructions covering such areas as the function of the court and jury, burden of proof, evidence, inferences, and damages, along with substantive instructions for specific violations relating to antitrust, securities, RICO, intellectual property, civil rights, and discrimination.
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