Distinction between rescission due to an inherent defect versus a subsequent event regarding claimed additions.

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The difference between rescission due to an inherent defect (Ayb) and rescission due to a subsequent event (like bankruptcy) lies in the actor and timing. In the case of rescission due to defect, the buyer initiates the action, implying consent to forfeit the right to the accretion by leaving it to the seller. Conversely, rescission due to bankruptcy is due to a subsequent event. The case of rescission due to defect is further distinguished because the cause inheres in the contract from the beginning (an old defect), whereas rescission due to bankruptcy is based on a new cause, making it more analogous to the rescission of a marriage contract where reclaiming the accrued accretion is not permitted.