election of remedies – the act of choosing between two or more concurrent but inconsistent remedies allowed by law, upon the same set of facts

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election of remedies:
(18c)

1. A claimant’s act of choosing between two or more concurrent but inconsistent remedies based on a single set of facts. 

2. The affirmative defense barring a litigant from pursuing a remedy inconsistent with another remedy already pursued, when that other remedy has given the litigant an advantage over, or has damaged, the opposing party.  *  This doctrine has largely fallen into disrepute and is now rarely applied. 

3. The affirmative defense that a claimant cannot simultaneously recover damages based on two different liability findings if the injury is the same for both claims, thus creating a double recovery. [1] 

1. The choosing between two or more different and co-existing modes of procedure and relief allowed by law on the same state of facts. Mansfield v Pickwick Stages, 191 Cal 129, 215 P 389.

The doctrine, not a rule of substantive law but a technical rule of procedure, that the adoption, by an unequivocal act, of one of two or more inconsistent remedial rights has the effect of precluding a resort to the others. Arzuaga v Gonzalez (CA1 Puerto Rico) 239 F 60. [2]

1. A requirement often present in the law that a party to a lawsuit must choose between two or more different types of relief allowed by law on the same set of facts.  The adoption of one has the effect of baring use of the others.
See waiver by election. 

2. The act of choosing between two or more different types of relief allowed by law on the same set of facts. [3]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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