Title 18 — Business Structure and Function
60 chapters · 1,419 sections in this title.
18 GCA § 89101 Contracts, How Extinguished
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A contract may be extinguished in like manner with any other obligation, and also in the manner prescribed in this Chapter. SOURCE: CC § 1682. NOTE: No 1970 Civil Code '§ 1683-1687 existed. ----------- ARTICLE 2 RESCISSION
18 GCA § 89201 Rescission Extinguishes Contract
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A contract is extinguished by its rescission. SOURCE: CC § 1688.
18 GCA § 89202 When may Rescind
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A party to a contract may rescind the same in the following cases only: COL120106 1. If the consent of the party rescinding, or of any party jointly contracting with him, was given by mistake, or obtained through duress, menace, fraud or undue influence, exercised by or with the …
18 GCA § 89203 When Stipulations do not Defeat
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A stipulation that errors of description shall not avoid a contract, or shall be the subject of compensation, or both, does not take away the right of rescission for fraud, nor for mistake, where such mistake is a matter essential to the inducement of the contract, and is not cap…
18 GCA § 89204 How Rescission Effected
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Rescission, when not effected by consent, can be accomplished only by the use, on the part of the party rescinding, of reasonable diligence to comply with the following rules: 1. He must rescind promptly, upon discovering the facts which entitle him to rescind, if he is free from…
18 GCA § 89301 Alteration of Verbal Contract
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A contract not in writing may be altered in any respect by consent of the parties, in writing, without a new consideration, and is extinguished thereby to the extent of the new alteration. SOURCE: CC § 1697.
18 GCA § 89302 Alteration of Written Contract
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A contract in writing may be altered by a contract, in writing, or by an executed oral agreement, and not otherwise. SOURCE: CC § 1698.
18 GCA § 89303 Extinction, Cancellation
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The destruction or cancellation of a written contract, or of the signature of the parties liable thereon, with intent to extinguish the obligation thereof, extinguishes it as to all the parties consenting to the act. SOURCE: CC § 1699.
18 GCA § 89304 Extinction; Unauthorized Alteration
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The intentional destruction, cancellation, or material alteration of a written contract, by a party entitled to any benefit under it, or with his COL120106 consent, extinguishes all the executory obligations of the contract in his favor, against parties who do not consent to the …
18 GCA § 89305 Alteration, Duplicate, not to Prejudice
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Where a contract is executed in duplicate, an alteration or destruction of one copy, while the other exists, is not within the provisions of the last section. SOURCE: CC § 1701. NOTE: No 1970 Civil Code '§ 1702-1707 existed. ---------- COL120106 COL120106