Election of remedies

Question 1

Inconsistent remedies

Answer 1

Damages, SP, and restitution usually treated as inconsistent with one another

Question 2

Need for D’s reliance

Answer 2

D must have materially changed position in reliance on P’s affirmation of contract unless:

1. P made choice in ignorance of facts, or
2. D breached after P’s initial choice

Question 3

Pleading inconsistent remedies

Answer 3

OK within the same complaint