Ocean Communications, Inc. v. Bubeck

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a party to an express contract cannot pursue an equitable theory, but that it can choose an equitable remedy in lieu of a damages remedy
• holding that “a plaintiff cannot pursue an equitable theory, such as unjust enrichment or quantum meruit, to prove entitlement to relief if an express contract exists” that covers the same topic
• holding that “a plaintiff cannot pursue an equitable theory, such as unjust enrichment or quantum meruit, to prove entitle- ment to relief if an express contract exists” that covers the same topic
• recognizing “three distinct remedies for breach of contract: damages, restitution, and specific performance”
• finding restitution is an equitable remedy when it is intended to place the injured party in the same position he would have occupied had the harm not occurred
• “[A] plaintiff cannot pursue an equitable theory, such as unjust enrichment or quantum meruit, to prove entitlement to relief if an express contract exists.”

Source: CourtListener parenthetical corpus (CC0).