Current statutory text
Finin2min clause-by-clause decode
| Clause | Statutory requirement | Finin2min meaning | Evidence/control |
|---|---|---|---|
| Main rule | 27. When rescission may be adjudged or refused.— | Test this main limb within the corrective and declaratory relief framework. Operational focus: 27. when rescission may be adjudged or refused.—. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (1) | Any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court in any of the following cases, namely:— | Test this (1) within the corrective and declaratory relief framework. Operational focus: any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (a) | where the contract is voidable or terminable by the plaintiff | Test this (a) within the corrective and declaratory relief framework. Operational focus: where the contract is voidable or terminable by the plaintiff. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (b) | where the contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff. | Test this (b) within the corrective and declaratory relief framework. Operational focus: where the contract is unlawful for causes not apparent on its face and the defendant is more to. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (2) | Notwithstanding anything contained in sub-section | Test this (2) within the corrective and declaratory relief framework. Operational focus: notwithstanding anything contained in sub-section. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (1) | , the court may refuse to rescind the contract— | Test this (1) within the corrective and declaratory relief framework. Operational focus: , the court may refuse to rescind the contract—. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (a) | where the plaintiff has expressly or impliedly ratified the contract; or | Test this (a) within the corrective and declaratory relief framework. Operational focus: where the plaintiff has expressly or impliedly ratified the contract; or. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (b) | where, owing to the change of circumstances which has taken place since the making of the contract (not being due to any act of the defendant himself), the parties cannot be substantially restored to the position in which they stood when the contract was made; or | Test this (b) within the corrective and declaratory relief framework. Operational focus: where, owing to the change of circumstances which has taken place since the making of the contract (not. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (c) | where third parties have, during the subsistence of the contract, acquired rights in good faith without notice and for value; or | Test this (c) within the corrective and declaratory relief framework. Operational focus: where third parties have, during the subsistence of the contract, acquired rights in good faith without notice and. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (d) | where only a part of the contract is sought to be rescinded and such part is not severable from the rest of the contract. Explanation.—In this section “contract” in relation to the territories to which the Transfer of Property Act, 1882 (4 of 1882), does not extend, means a contract in writing. | Test this (d) within the corrective and declaratory relief framework. Operational focus: where only a part of the contract is sought to be rescinded and such part is not severable. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
Finin2min implementation explanation
Section 27 is a corrective and declaratory relief provision dealing with when rescission may be adjudged or refused. Identify the actor, trigger, cumulative or alternative conditions, provisos, exceptions and legal consequence before reaching a conclusion.
Implementation control: Identify the instrument or right requiring correction, statutory prerequisites, third-party interests, readiness, equitable conduct, limitation and exact order requested.
Section-level practical application
Transaction test
Apply this provision to the event-date facts and record every satisfied, disputed or inapplicable limb.
Consequence and remedy
Identify how it changes validity, title, authority, liability, payment, rejection, recovery, registration, evidence or relief.
