by Bo Links on April 26, 2010
When a real estate deal fails and litigation ensues, the parties face an important choice: whether to sue for breach of contract or pursue a claim for rescission. The difference between the two types of claims is crucial, both as to the type of proof that must be presented to the court as well as the measure of damages that will be applied. In a breach of contract case, the claimant is affirming the contract and asking the court to award the benefit of the bargain. In essence, the claimant is asking the court to award him everything he would have received had the deal gone through.