84-2-720. Effect of "cancellation" or "rescission" on claims for antecedent breach. Unless the contrary intention clearly appears, expressions of "cancellation" or "rescission" of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.
History: L. 1965, ch. 564, ยง 116; January 1, 1966.
KANSAS COMMENT, 1996
This section is intended to prevent a party from unintentionally losing any claim by the ill-advised use of words such as "cancellation" or "rescission." The intent to renounce or discharge a claim must "clearly" appear. This rule complements the Code's rejection of prior law that a party could not both "rescind" a contract and recover damages. Under Article 2, a buyer may revoke acceptance under section 84-2-608 (the Code equivalent of rescission) and also recover damages. See 84-2-711.
|