Restitutionary and Contractual Claims

Abstract

Abstract What happens when a fact situation prima facie gives rise to claims based on more than one branch of the law of obligations? Broadly speaking there are two alternatives. The first is to insist that one of these claims takes pre-cedence either as a matter of policy or because fundamentally the claim only has one basis and to require that a claimant pursue that alone. The second is to allow the claimant to choose and to advance the matter on the basis that is most advantageous to him. In recent years the position of overlapping claims in contract and tort and overlapping claims in tort and restitution has been considered.