necessary pre condition for rescission is tender of the benefits received under the contract."
Mazzoni Farms, Inc., v. E.I. Dupont de Nemours & Co., 671 So.2d 306, 313 (Fla. 2000).
Although ... benefits thereof, he will
be held to have waived his right to rescind."); Mazzoni Farms, 761 So.2d at 313 ("[A]
party's right to rescind is subject to waiver ... courts enforce general releases in settlement agreements
"to further the policy of encouraging settlements." Mazzoni Farms, Inc., 761 So.2d at 314.
The construction and enforcement of a release are governed