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.
Contracts Question... Forum
- LeDique
- Posts: 13462
- Joined: Tue Nov 02, 2010 2:10 pm
Re: Contracts Question...
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.