California § 1693. 1693. (Added by Stats. 1961, Ch. 589.)

California Statutes

§ 1693. — 1693. (Added by Stats. 1961, Ch. 589.)

California·Code CIV Civil Code - CIV·Div. 3. DIVISION 3. OBLIGATIONS·Title 5.·Part 2. TITLE 5. EXTINCTION OF CONTRACTS·Ch. 2. CHAPTER 2. Rescission

When relief based upon rescission is claimed in an action or proceeding, such relief shall not be denied because of delay in giving notice of rescission unless such delay has been substantially prejudicial to the other party.
A party who has received benefits by reason of a contract that is subject to rescission and who in an action or proceeding seeks relief based upon rescission shall not be denied relief because of a delay in restoring or in tendering restoration of such benefits before judgment unless such delay has been substantially prejudicial to the other party; but the court may make a tender of restoration a condition of
its judgment.

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When relief based upon rescission is claimed in an action or proceeding, such relief shall not be denied because of delay in giving notice of rescission unless such delay has been substantially prejudicial to the other party.
A party who has received benefits by reason of a contract that is subject to rescission and who in an action or proceeding seeks relief based upon rescission shall not be denied relief because of a delay in restoring or in tendering restoration of such benefits before judgment unless such delay has been substantially prejudicial to the other party; but the court may make a tender of restoration a condition of
its judgment.

California § 1693. (1693. (Added by Stats. 1961, Ch. 589.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

98 Cal. Daily Op. Serv. 7075, 98 Daily Journal D.A.R. 9807 Citicorp Real Estate, Inc., a Delaware Corporation v. Helen Smith, an Individual J.A.H., Ltd, a California Limited Partnership Stewart Title Company of San Diego, a California Corporation, Citicorp Real Estate, Inc., a Delaware Corporation v. Helen M. Smith, an Individual M.H.H., a California General Partnership, Citicorp Real Estate, Inc., a Delaware Corporation, Plaintiff-Counter-Defendant-Appellee v. Helen Smith, an Individual, Defendant-Counter-Claimant-Appellant, and J.A.H., Ltd., a California Limited Partnership, and Stewart Title Company of San Diego, a California Corporation, Citicorp Real Estate, Inc., a Delaware Corporation v. M. Helen Smith M.H.H., a California General Partnership

155 F.3d 1097 (Ninth Circuit, 1998)

Simulados Software v. Photon Infotech Private

(Ninth Circuit, 2019)

Legislative History

Added by Stats. 1961, Ch. 589.

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