Solicitors Qualifying Examination (SQE) Practice Exam 2025 – The All-in-One Guide to Passing Your SQE!

Question: 1 / 400

What condition is necessary for rescinding a contract related to property assignment?

The landlord's approval is mandatory

The contract automatically terminates

Parties may choose to rescind if they wish

The condition necessary for rescinding a contract related to property assignment is that parties may choose to rescind if they wish. This indicates that, in the context of contract law, parties have the autonomy to agree to withdraw from the contract provided they meet any necessary legal requirements for rescission.

Rescission is not automatic upon the occurrence of certain events; it involves a mutual decision or an agreement to revert to the original terms before the contract was executed. Each party must provide their consent to rescind, meaning both must agree to terminate the contract based on their negotiations and circumstances surrounding the agreement.

In this context, it's also worth noting that a landlord's approval is not universally mandatory for rescission, as it depends on the terms of the specific contract involved. If a contract does not stipulate that landlord approval is required, then this condition would not apply. Similarly, the notion that the contract automatically terminates or that there is a specific waiting period of three working days for an assignment does not align with the general principles of contract law governing rescission. Contracts typically require party agreement to rescind, making voluntary action possible.

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The assignment must occur after three working days

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