California Codes
Cal. Civil Code § 1688 (2026)
Rescission
✓ current as of May 2026
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A contract is extinguished by its rescission.
Notes of Decisions
Cited in 46
cases (11 in the last 5 years), 1948–2025 · leading case: Asmus v. Pac. Bell, 999 P.2d 71 (Cal. 2000).
Asmus v. Pac. Bell, 999 P.2d 71 (Cal. 2000). “(Civ.Code, §§ 1688, 1689.) The word substitution best reflects the decisions below and does not in any way affect the parties' legal analysis.”
Imperial Cas. & Indem. Co. v. Sogomonian, 198 Cal. App. 3d 169 (Cal. Ct. App. 1988). “) (14) The consequence of rescission is not only the termination of further liability, but also the restoration of the parties to their former positions by requiring each to return whatever consideration has been received.”
Fracasse v. Brent, 494 P.2d 9 (Cal. 1972). “, supra, 149 Cal. 60 and other authorities, supra. ) If the injured party elects to treat the contract as rescinded, it is extinguished and terminated; the bargain expressed therein is disaffirmed.”
Schauer v. Mandarin Gems of California, Inc., 23 Cal. Rptr. 3d 233 (Cal. Ct. App. 2005). “(Civ. Code, § 1688.) Plaintiff, not having participated in the agreement, not having undertaken any duty or given any consideration, is a stranger to the agreement, with no legitimate interest in voiding it.”
Scheherezade Sharabianlou v. Karp, 181 Cal. App. 4th 1133 (Cal. Ct. App. 2010). “) Rescission extinguishes the contract (Civ. Code, § 1688), terminates further liability, and restores the parties to their former positions by requiring them to return whatever consideration they have received.”
Habitat Trust for Wildlife, Inc. v. City of Rancho Cucamonga, 175 Cal. App. 4th 1306 (Cal. Ct. App. 2009). “The cases Habitat/Sage cite are inapt since they refer to illegal or legally unenforceable contract terms.”
Marzec v. Pub. Employees' Ret. Sys., 236 Cal. App. 4th 889 (Cal. Ct. App. 2015). “’ (Civ. Code, § 1688.) ‘Rescission not only terminates further liability but restores the parties to *914 their former position by requiring each to return whatever he or she received as consideration under the contract, or, where specific restoration cannot be had, its value.”
People v. Super.Ct. (Sanchez), 223 Cal. App. 4th 567 (Cal. Ct. App. 2014). “(Civ. Code, § 1688.) *574 In Harris , the parties agreed to settle a legal malpractice action, but, at the time they entered into the agreement, they were both ignorant of a new law that rendered harmless the alleged malpractice.”
Rodriguez v. Barnett, 338 P.2d 907 (Cal. 1959). “Rescission extinguishes a contract (Civ. Code, § 1688) and requires each party to return whatever he has received as consideration thereunder (Civ.”
Wong v. Bresler, 207 Cal. App. 4th 366 (Cal. Ct. App. 2012). “” (Civ. Code, § 1688.) “Rescission not only terminates further liability but restores the parties to *383 their former position by requiring each to return whatever he or she received as consideration under the contract, or, where specific restoration cannot be had, its value.”
Tippett v. Terich, 2 Wage & Hour Cas.2d (BNA) 1441 (Cal. Ct. App. 1995). “’ (Civ. Code, § 1688.) The consequence of rescission is not only the termination of further liability, but also the restoration of the parties to their former positions by requiring each to return whatever consideration has been received.”
Larsen v. Johannes, 7 Cal. App. 3d 491 (Cal. Ct. App. 1970). “" Although appellants have attacked that portion of the settlement which mutually released claims and obligations under Civil Code section 1542, it is well to note that Civil Code section 1688 provides, "A contract is extinguished by its rescission.”
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