INTRODUCTION
In Scots law rescission is a remedy available to a party faced with a serious breach of contract by the other party to the contract. When utilised it relieves both parties of having to perform future obligations under the contract, and so, might be said to bring their contractual relationship to an end. It is an extreme option, and in its effect, it stands apart from all other remedies available on breach. Yet, despite its consequences, it is utilised not uncommonly by contracting parties, at least if the case law coming through the Scottish courts paints a picture of what is happening in practice. It is therefore surprising that rescission in Scots law has not been the subject of significant academic comment. There are a number of articles in which it is discussed, but no article is devoted to the topic alone …
Richardson, Lorna, Rescission for breach of contract in Scots law‘, Edinburgh Law Review (2025).
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