Which of the following is correct with respect to election of remedies?
A) The Code rejects any doctrine of election of remedies;its remedies are cumulative.
B) The remedy of specific performance is inconsistent with that of restitution.
C) A person who seeks an injunction may also seek incidental damages for the breach.
D) All of these are correct.

Question

Quizplus · Accepted Answer

All of the given statements regarding election of remedies are correct. The Uniform Commercial Code (UCC) rejects the doctrine of election of remedies and provides that its remedies are cumulative. This means that a plaintiff can seek multiple remedies at the same time. For example, a seller who is seeking specific performance of a contract may also seek incidental damages resulting from the breach. Additionally, it is possible to seek both specific performance and restitution as remedies.

Which of the Following Is Correct with Respect to Election