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TENTATIVE DRAFT 10, QUESTIONS SUGGESTED FOR DISC. [i] (May 7-9, 1931)

handle is hein.ali/contract0104 and id is 1 raw text is: The American Law Institute
CONTRACTS TENTATIVE DRAFT No. 10
Questions Suggested for Discussion at
Ninth Annual Meeting
May 7-9, 1931
Discussion is not confined to the questions pre-
sented here, You are earnestly requested to raise any
further points which occur to you.
Chapter 12.
JUDICIAL REMWDIES FOR BREACH OF
CONTRACT.
Topic C. Restitution.
Section 338. GExEH:L Ru,:--REsTrru'IO'  FOn
'0TAL, l3m11ACH.
Restitution differs from damages just as money
back differs from money promised, or as value given
differs from value promised. Restitution is usually in
the form of the money value of a performauce ren-
dered; but it may also be specific in character (see
Section 347).
Sections 344 and 345. ELETiON BETWEEN ATTRn-
NATIVE RrMEDIES.
When, if ever, is the bringing of an action for dam-
ages or restitution a bar to an action for the alternative
remedy? The relation of a suit for specific perform-
aice to these two remedies will be dealt wilh under a
later Topic.

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