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Dorsaneo, Texas Litigation Guide
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

4-52 Dorsaneo, Texas Litigation Guide 52.syn




Professor William V. Dorsaneo III

Chapter Summary


This chapter from Dorsaneo, Texas Litigation Guide, discusses rescission of a contract as an equitable remedy. It explains the grounds on which the remedy will be granted, including misrepresentation, nondisclosure, and mistake. The chapter also covers rescission of a contract by agreement of the parties or through exercise of an option in the contract empowering one party to terminate the contract.

The chapter details the nature of the remedy of rescission. It also addresses options to terminate a contract, including contracts for the sale of goods. The chapter next discusses the elements of various causes of action wherein the remedy of rescission is available, including misrepresentation, breach of duty, duress, and incapacity. In addition, it covers the related topics of the parol evidence rule and equitable defenses.

The chapter contains a procedural guide illustrating procedures commonly used to bring a suit seeking rescission of a contract and to defend against such a suit, as well as procedures relating to rescission of contracts pursuant to an option to terminate. It includes forms used in a suit for rescission, including petitions for rescission based on fraud, mistake, and breach of fiduciary duty. The chapter also provides a form answer to a petition seeking rescission with defenses. It affords a research guide with links to related constitutional and statutory provisions and rules, case law, annotations, law reviews, periodicals, and treatises.

Dorsaneo, Texas Litigation Guide (Matthew Bender) provides a step-by-step guide to civil procedure in Texas, from filing the petition through appellate procedure, with substantive practice-area topics offering legal background, checklists, forms, and research guides. It covers business entity, commercial, real estate, personal injury, family law, and probate litigation, as well as administrative proceedings.


Texas,rescission,cancellation of contract,agreement for rescission,waiver,termination,adequate remedy at law,election of remedies,constructive fraud,mutual mistake,unilateral mistake,fraud,breach,repudiation,parol evidence,misrepresentation,nondisclosure,mistake,sale of goods,breach of duty,duress,incapacity,parole evidence rule,equitable defense


See Chapter 21 for information on recovery of damages in a contract action.

See Chapter 21A for information on actions in quasi contract.

See Chapter 50 for information regarding equitable remedies other than specific performance.

See Chapter 53 for information on reformation.

See Chapter 336 for information regarding fraud and related subjects, including alternative remedies.


See Texas Civil TrialGuide (Matthew Bender) for comprehensive, authoritative, and up-to-date coverage of pleadings, motions, trial settings, continuances, consolidation and severance, jury selection, motions for judgment, and closing argument.

See Texas Civil Trial and Appellate Procedure (Matthew Bender) for a solid foundation for civil trial or appellate practice, covering everything from analyses of court rules, statutes, and cases to the underlying laws governing civil and appellate procedure.

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

See Business Torts (Matthew Bender) for extensive coverage of a variety of business torts, such as breach of fiduciary duty, unjust dismissal, commercial defamation, deceptive advertising, interference with contract relations, antitrust violations, private RICO actions, intellectual property violations, products liability, liability for environmental impairment, and premises liability.

See Texas Real Estate Guide (Matthew Bender) for more than 540 Texas real estate transaction and litigation forms, plus step-by-step checklists on virtually all real estate matters to help the practitioner master important key issues and avoid costly errors.
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