You can't both rescind a contract AND sue for damages suffered from it, when said contract has been induced by fraud? You're going to have to show me some authority for that, cite a case. I've been teaching business law, CPEs and CPA review for a generation. I have never heard that before and it does not square with any common law doctrine or statute I've ever read in the law of contracts. Even if a state passed a statue to that effect, I'm not sure it could survive a 14th Amendment Substantive Due Process challenge.
You can't both rescind a contract AND sue for damages suffered from it, when said contract has been induced by fraud? You're going to have to show me some authority for that, cite a case. I've been teaching business law, CPEs and CPA review for a generation. I have never heard that before and it does not square with any common law doctrine or statute I've ever read in the law of contracts. Even if a state passed a statue to that effect, I'm not sure it could survive a 14th Amendment Substantive Due Process challenge.