Under the law of restitution, a remedy for misrepresentation is rescission (avoidance) of the contract by the deceived party, though when appropriate, the courts also will require restitution.

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Rescission is a primary remedy under the law of restitution for misrepresentation, allowing the deceived party to avoid the contract. When rescission is granted, courts often also require restitution to restore the parties to their pre-contract positions, ensuring that any benefits received under the contract are returned.

Under the Law of Restitution, a Remedy for Misrepresentation Is