California Codes, Civil Code - CIV, Division 3 — Obligations, Part 2 — Contracts, Title 5 — Extinction of Contracts, Chapter 2 — Rescission, Section 1690

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 in a matter essential to the inducement of the contract, and is not capable of exact and entire compensation.

Notes

Establishes that a contractual clause making description errors noncancellable, compensable, or both does not eliminate the right to rescind for fraud or for a mistake essential to inducing the contract when that mistake cannot be exactly and fully compensated. The preservation of rescission applies despite the description-error stipulation.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1690 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-2/title-5/chapter-2/section-1690

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