Define: Election Of Remedies

Election Of Remedies
Election Of Remedies
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Quick Summary of Election Of Remedies

The election of remedies is a legal principle that requires a party to choose one of several available remedies for a particular breach or legal issue, thereby waiving their right to pursue other remedies. When faced with multiple options for resolving a dispute or enforcing their rights, the party must make a clear and unequivocal choice. This principle prevents parties from seeking multiple remedies for the same harm and promotes consistency and finality in legal proceedings. Failure to properly elect a remedy may result in the waiver of certain rights or defences.

What is the dictionary definition of Election Of Remedies?
Dictionary Definition of Election Of Remedies
n. an outmoded requirement that if a plaintiff (party filing suit) asks for two remedies based on legal theories which are inconsistent (a judge can grant only one or the other), the plaintiff must decide which one is the most provable and which one he/she really wants to pursue, usually just before the trial begins. Example: suing someone for both breach of contract and for fraud (a secret plan not to fulfil the contract when it was made). Fraud might bring punitive damages, but proof of fraud might be more difficult than of breach of contract. Increasingly, the courts have dispensed with the election of remedies as unfair to the plaintiff since the evidence has not been fully presented.
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This glossary post was last updated: 29th March 2024.

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