When an injured party is required to elect remedies,which of the following would be mutually exclusive?
A) Restitution and liquidated damages
B) Specific performance and compensation for incidental damages
C) Specific performance and restitution
D) Incidental and consequential damages

Question

Quizplus · Accepted Answer

Specific performance and restitution are mutually exclusive remedies because they both seek to remedy a breach of contract in different ways. Specific performance requires the breaching party to fulfill their contractual obligations, while restitution seeks to restore the injured party to the position they were in before the breach occurred. Choosing one remedy would preclude the other. The other answer choices are not mutually exclusive. Restitution and liquidated damages may both be awarded in certain cases. Compensation for incidental damages is not mutually exclusive with specific performance, as the injured party may be entitled to both. Finally, incidental and consequential damages are not mutually exclusive as they refer to different types of damages that may result from a breach of contract.

When an Injured Party Is Required to Elect Remedies,which of the Following