by subtracting from them the sum the other party owes to it. Rescission Rescission is a remedy which allows a contractual party to cancel the contract. Parties may rescind a contract if they are the victims of a vitiating factor; either provided by the Civil Code of Québec or, in the common law provinces and territories, by a mixture of precedent and statutory law. Typically, where a party lacked capacity under the law of a province or where a party invokes the applicable rules regarding mistake, unequal bargaining power, misrepresentation, force majeure, or hardship as a vitiating factor. The applicable rules regarding vitiating factor include those derived from provincial law as well as those prescribed by the contract in question. Third party beneficiaries In Canada, the ability of a third-party beneficiary (i.e. a person that is not a party to a contract but to whom the contract promises an obligation) to enforce a contractual obligation varies between provinces. Outside Québec and New Brunswick, the doctrine of privity of contract typically applies and can serve to limit or even eliminate the ability of a third-party beneficiary to enforce a contractual obligation, including in instances where they may have suffered pecuniary loss or otherwise been harmed due to the non-performance of a promised obligation. Over time, the Supreme Court of Canada has weakened the doctrine of privity of contract by providing for exceptions where a third-party beneficiary has acted in reliance of such a promise or where it be otherwise unconscionable for the court to deny the third-party beneficiary an adequate remedy. In Québec; the civil code provides that, while a contract is in general only binding between its parties except where otherwise specified by law, a party to a contract may undertake an obligation toward a third party and such a third party has the right to the performance of the obligation by the promising party. Such an obligation may be revoked unless the third party beneficiary has notified the promising party of their acceptance. New Brunswick abrogated the doctrine of privity of contract with the Law Reform Act, which provides that: Quasi-contracts A quasi-contract, or a contract implied in law, is an obligation or series of obligations arising by operation of law without the mutual intention of the parties. There are two primary categories of quasi-contract: negotiorum gestio or restitution (which are similar but codified separately in the Civil Code