In cases when a plaintiff does not know based on what cause of action or in which prayer the court may or will order relief out of two or more that, in their practical effect, are the same, substantially identical or similar and each are statutory reliefs in a sort of performance:
How does the prayer for relief govern that? Is it possible to set forth a sort of hierarchy? (for e.g. say, if not relief 1, then 2; or if not 1, 2, and 3, then 4 or 5 and 6?
If not, what if reliefs 1 and 2 are both statutory remedies, one in damages another in performance and they exclude each other, but the court would find both justified? Is there any duty on the court when it finds both just to ask the plaintiff to elect either or is it permitted to decide even if it a reasonable person would prefer on over the other?
