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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.