Where a party has more than one inconsistent remedy, choosing one may foreclose the other.

Affirmation and rescission. A party induced by fraud may affirm the contract and sue for damages, or rescind and seek restitution. These are inconsistent. Continuing to perform, accepting benefits, or suing on the contract after learning the facts generally constitutes affirmation and waives rescission.

Prompt election. Rescission requires reasonably prompt action after discovery and, ordinarily, restoration of what was received. Delay while enjoying the benefits defeats it.

Termination and specific performance. A party that terminates cannot then compel performance of the terminated agreement.

Damages theories. Expectation, reliance and restitution measures are alternatives rather than cumulative, and a plaintiff must eventually choose.

Cumulative remedies clauses in contracts preserve alternatives that would otherwise be exclusive, but they do not make genuinely inconsistent remedies compatible.

Pleading in the alternative is permitted, and the election is usually required before submission to the factfinder rather than at filing.

Practical guidance. On discovering a serious problem, do not act until the options are understood. The most common irreversible step is continuing to perform and to accept performance while deciding, which quietly makes the decision.