Q: What do I need to prove for a NY court to rescind my contract?
Practically speaking, in order for a New York court to rescind your contract, there are a number of things you will need to prove, but here are the 3 most important things:
- That only undoing the contract will work, i.e., money damages are insufficient to make you whole;
- That repudiating the contract is still feasible, and not an impossible task
- That you sought to rescind the contract within a reasonable time after learning about the fraud or misconduct constituting the gravamen for the rescission of the agreement