Generaux v. Dobyns

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• adopting similar provision of Restatement (Second) of Property to rescind trust
• “Mistake, like fraud, is a well-recognized equitable ground for rescission of a contract or other instrument.”
• \[F]raud[ ] is a well-recognized equitable ground for rescission of a contract or other instrument.\
• \[T]he mistake must have existed when the instrument was created.\
• “To obtain rescission of an instrument for mistake, a plaintiff must establish by clear and convincing evidence that he or she made a mistake that was so fundamental that it frustrated the purpose of the instrument, and the mistake must have existed when the instrument was created.”

Source: CourtListener parenthetical corpus (CC0).