Rescission of Contract Damages

Rescission of Contract Damages: What You Need to Know

When two parties enter into a contract, they expect to see it through to the end as agreed upon. However, in some cases, one party may breach the contract, leading to the rescission of the agreement. In such cases, damages may be awarded to the non-breaching party to compensate them for incurred losses. In this article, we’ll discuss rescission of contract damages, and what you need to know about them.

Understanding Rescission

Rescission refers to the process of canceling or undoing a contract due to a material breach of its terms. When a contract is rescinded, it is as if the agreement never existed, and both parties are released from their obligations under the contract. In such situations, it`s common for the non-breaching party to seek rescission damages to recover their losses resulting from the breach.

Types of Rescission Damages

1. Restitution Damages

This type of rescission damage aims to restore both parties to their positions before they entered into the contract. The non-breaching party is compensated for any money or property they`ve transferred to the breaching party that should be returned. Additionally, the non-breaching party may be awarded interest on payments made, as well as the costs incurred in returning any property.

2. Expectation Damages

Expectation damages compensate the non-breaching party for any difference between what they expected to receive under the contract and what they received as a result of the breach. These damages aim to place the non-breaching party in the position they would have been in had the contract been fulfilled. This means the non-breaching party may receive compensation for lost profits, as well as any expenses incurred as a result of the breach.

3. Consequential Damages

These are damages resulting from the breach of a contract that go beyond the direct losses incurred by the non-breaching party. For example, if the non-breaching party entered into a contract to supply a product to a customer, and the breaching party fails to deliver the product, the non-breaching party may lose future business with that customer. In such cases, consequential damages may be awarded to compensate the non-breaching party for such losses.

Rescission of Contract Damages and SEO

While rescission of contract damages may not seem directly related to SEO, it`s essential to understand them as they can impact a business`s online presence. For instance, if a business experiences a significant financial loss due to a breach of contract, they may need to lower their online advertising budget. This, in turn, may affect their online visibility and ranking, leading to a loss of potential customers.


Rescission of contract damages are a means of compensating a non-breaching party for their losses resulting from a material breach of a contract. Understanding the different types of damages is crucial for both parties to determine how to proceed in the event of a breach. Additionally, businesses should be aware of how rescission of contract damages can impact their online visibility and rankings, making addressing such issues a priority.