Can a party that has been defrauded of a portion of a contract rescind only that portion of the contract?
California, United States of America
The following excerpt is from Klein v. Safyari, B280661, B282572 (Cal. App. 2020):
A party that is defrauded with respect to a severable portion of a contract may elect to rescind only that portion. " 'Where a good cause for rescission exists as to one part of a divisible or separable contract, such portion may be rescinded in equity without disturbing the remainder.' " (Simmons v.
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