Civ. Code, § 1689 · Chapter 2. Rescission
Civ. Code, § 1689
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A contract may be rescinded if all the parties thereto consent.
(b) A party to a contract may rescind the contract in the following cases:
(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 connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party.
(2) If the consideration for the obligation of the rescinding party fails, in whole or in part, through the fault of the party as to whom he rescinds.
(3) If the consideration for the obligation of the rescinding party becomes entirely void from any cause.
(4) If the consideration for the obligation of the rescinding party, before it is rendered to him, fails in a material respect from any cause.
(5) If the contract is unlawful for causes which do not appear in its terms or conditions, and the parties are not equally at fault.
(6) If the public interest will be prejudiced by permitting the contract to stand.
(7) Under the circumstances provided for in Sections 39, 1533, 1566, 1785, 1789, 1930 and 2314 of this code, Section 2470 of the Corporations Code, Sections 331, 338, 359, 447, 1904 and 2030 of the Insurance Code or any other statute providing for rescission.
Notes and commentary — not statutory text
History
Amended by Stats. 1961, Ch. 589.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1689.
- Text hash
- sha256 363509e852d6e825138f4226836dbb64800df454b09c55fdb364993fd98f19b3
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Civil Code
- Civ. Code, § 39Printed as Sections 39, 1533, 1566, 1785, 1789, 1930 and 2314 of this code
- Civ. Code, § [1533.]Printed as Sections 39, 1533, 1566, 1785, 1789, 1930 and 2314 of this code
- Civ. Code, § 1566Printed as Sections 39, 1533, 1566, 1785, 1789, 1930 and 2314 of this code
- Civ. Code, § 1789Printed as Sections 39, 1533, 1566, 1785, 1789, 1930 and 2314 of this code
- Civ. Code, § 1930Printed as Sections 39, 1533, 1566, 1785, 1789, 1930 and 2314 of this code
- Civ. Code, § 2314Printed as Sections 39, 1533, 1566, 1785, 1789, 1930 and 2314 of this code
Cited by 2 provisions
Provisions in this library whose text cites Civ. Code, § 1689. Each shows the citation as that text prints it.
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