Contracts Question...

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nelaw2010
Posts: 253
Joined: Wed Jul 07, 2010 1:48 am

Contracts Question...

Postby nelaw2010 » Thu Jan 19, 2012 6:16 pm

How does one decide to sue for either expectation, reliance, or restitution? Can you mix 'n' match, or are they mutually exclusive?

Or does a Plaintiff sue under whichever one will result in more money? Or does the court decide? Confused on how this works.

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Lasers
Posts: 1576
Joined: Sat Jul 10, 2010 6:46 pm

Re: Contracts Question...

Postby Lasers » Thu Jan 19, 2012 8:34 pm

bump.

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LeDique
Posts: 12701
Joined: Tue Nov 02, 2010 2:10 pm

Re: Contracts Question...

Postby LeDique » Thu Jan 19, 2012 9:49 pm

I'm pretty sure you can try all three in the same case if you want - the cause of action is breach of contract normally, or quantum meruit. You can try both expectation + reliance to show breach and you could also try to show restitution as well. I remember the child support case running through all of them.




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