214 Evidence of Prior or Contemporaneous Agreements and Negotiations see also Agreed Obligations
Agreements and negotiations prior to or contemporaneous with the adoption of a writing are admissible in evidence to establish
- that the writing is or is not an integrated agreement;
- that the integrated agreement, if any, is completely or partially integrated;
- the meaning of the writing, whether or not integrated;
- illegality, fraud, duress, mistake, lack of consideration, or other invalidating cause;
- ground for granting or denying rescission, reformation, specific performance, or other remedy.
CHAPTER 16 - REMEDIES
Topic 1 - In General
344 Purposes of Remedies
Judicial remedies under the rules stated in this Restatement serve to protect one or more of the following interests of a promisee:
- his "expectation interest," which is his interest in having the benefit of his bargain by being put in as good a position as he would have been in had the contract been performed,
- his "reliance interest," which is his interest in being reimbursed for loss caused by reliance on the contract by being put in as good a position as he would have been in had the contract not been made, or
- his "restitution interest," which is his interest in having restored to him any benefit that he has conferred on the other party.
345 Judicial Remedies Available
The judicial remedies available for the protection of the interests stated in § 344 include a judgment or order
- awarding a sum of money due under the contract or as damages,
- requiring specific performance of a contract or enjoining its non-performance,
- requiring restoration of a specific thing to prevent unjust enrichment,
- awarding a sum of money to prevent unjust enrichment,
- declaring the rights of the parties, and
- enforcing an arbitration award.
Topic 5 - Preclusion by Election and Affirmance
378 Election Among Remedies
If a party has more than one remedy under the rules stated in this Chapter, his manifestation of a choice of one of them by bringing suit or otherwise is not a bar to another remedy unless the remedies are inconsistent and the other party materially changes his position in reliance on the manifestation.