Looking for a Rescission of Judgement Lawyer or Attorney in Pretoria?
Definitions on the web:
If a defendant in a court action does not respond to a summons within the specified time limit, the plaintiff will generally be entitled to obtain judgment in its favour by default.
You would only be entitled to apply for the rescission of a Judgment that was granted against you if the other side consents thereto in writing or, that failing, if you can show that at the time that the judgment was entered, you were not in wilful default and that you had a valid and bona fide defence to the action instituted against you. Judgement Lawyer or Attorney in Pretoria.
Rescission is an equitable remedy and is discretionary. A court may decline to rescind a contract if one party has affirmed the contract by his action (see Long v Lloyd  1 WLR 753) or a third party has acquired some rights or there has been substantial performance in implementing the contract. Furthermore, because rescission is supposed to be imposed mutually upon both sides to a contract, the party seeking rescission normally must offer to give back all benefits he or she has received under the contract (an "offer of tender"). Judgement Lawyer or Attorney in Pretoria.
In contract law, rescission has been defined as the unmaking of a contract between parties. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the status quo ante).
“When a debtor does not defend the actions instituted against them (a summons) this results in the court granting a default judgment and the debtor is blacklisted. Judgement Lawyer or Attorney in Pretoria.
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