The matter directly under consideration is the right of rescission as a means of recovering the value of what has been given prior to a breach of contract; but there are other cases where this or an analogous right is allowed. Indeed, wherever justice requires compensation to be given for property or services rendered under a contract, and no remedy is available by an action on the contract, restoration of the value of what has been given must be allowed. Instances of this have been considered in other portions of this book, namely, the right to recover the value of necessaries furnished infants,50 insane persons,51 intoxicated persons,52 married women;53 the right to recover benefits furnished under an ultra vires contract with a corporation,54 or under contracts voidable because of the Statute of Frauds.55 Other instances where the contract between the parties is unenforceable because of impossibility 56 or voidable for fraud,57 duress,58 mistake,59 or illegality,60 will be hereafter considered. In the present connection, however, the right may be considered of one who has failed to fulfil his contract, either (1) because of his own wrong or (2) because of an unjustified breach or repudiation by the other party, to recover for incomplete performance of an indivisible obligation.
50 Sec.240. 51 Sec.256. 52 Sec.262. 53 Sec.270.
54 Sec. 271. 55Sec.Sec.534-538. 56 Sec.Sec. 1972 et seq.