Brooks, Richard; Stremitzer, Alexander - 2009
seek money damages or specific performance; or (ii) 'disaffirm' the contract with the remedy of rescission and restitution … recourses. Within this apparent variety lurk two fundamental alternatives. The aggrieved party may (i) 'affirm' the contract and …. This simple dichotomy of contract remedies applies broadly in both common law and civil law practice. We show here that …