election of remedies

election of remedies
election of remedies
1: the act of electing a remedy from those available for an injury
2: the doctrine that a plaintiff who elects a remedy for his or her injury is barred from pursuing another remedy that is inconsistent with the one elected

Merriam-Webster’s Dictionary of Law. . 1996.

election of remedies
n.
A choice between two or more remedies for an injury.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


election of remedies
An outmoded requirement that if a party files a claim based on two inconsistent legal theories, the party must choose one theory to pursue, usually just before the trial begins. Because it's unfair to force the party to choose before all of the evidence is presented, courts now generally won't require the party to make a choice.
Category: Accidents & Injuries
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


election of remedies
The liberty of choosing (or the act of choosing) one out of several means afforded by law for the redress of an injury, or one out of several available forms of action. An election of remedies arises when one having two coexistent but inconsistent remedies chooses to exercise one, in which event she or he loses the right to thereafter exercise the other. Doctrine provides that if two or more remedies exist that are repugnant and inconsistent with one another, a party will be bound if he or she has chosen one of them.

Dictionary from West's Encyclopedia of American Law. 2005.


election of remedies
The liberty of choosing (or the act of choosing) one out of several means afforded by law for the redress of an injury, or one out of several available forms of action. An election of remedies arises when one having two coexistent but inconsistent remedies chooses to exercise one, in which event she or he loses the right to thereafter exercise the other. Doctrine provides that if two or more remedies exist that are repugnant and inconsistent with one another, a party will be bound if he or she has chosen one of them.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

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 fulfill 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.

Law dictionary. . 2013.

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Look at other dictionaries:

  • Election of remedies — In the law of civil procedure, election of remedies is the situation in which a winning party in a lawsuit must choose the means by which its injury will be remedied. For example, if a court finds that the plaintiff s painting was stolen by the… …   Wikipedia

  • election of remedies — noun The situation of a plaintiff in a civil lawsuit having multiple options from which to choose as to how the defendants wrong may be righted. Example: A defendant has been found liable for taking a plaintiffs car; the plaintiff has an election …   Wiktionary

  • election of remedies — 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… …   Ballentine's law dictionary

  • election — elec·tion n 1 a: the act or process of electing b: an instance of the electorate voting for candidates for an elective office c: the fact of being elected 2: the right, power, or privilege of making a choice: as a: the right of a spouse to choose …   Law dictionary

  • election — The act of choosing or selecting one or more from a greater number of persons, things, courses, or rights. The choice of an alternative. The internal, free, and spontaneous separation of one thing from another, without compulsion, consisting in… …   Black's law dictionary

  • election — The act of choosing or selecting one or more from a greater number of persons, things, courses, or rights. The choice of an alternative. The internal, free, and spontaneous separation of one thing from another, without compulsion, consisting in… …   Black's law dictionary

  • election, estoppel by — An estoppel which arises by a choice between inconsistent remedies. See election (election of remedies). An estoppel predicated on a voluntary and intelligent action or choice of one of several things which is inconsistent with another, the… …   Black's law dictionary

  • election, estoppel by — An estoppel which arises by a choice between inconsistent remedies. See election (election of remedies). An estoppel predicated on a voluntary and intelligent action or choice of one of several things which is inconsistent with another, the… …   Black's law dictionary

  • election — /əˈlɛkʃən / (say uh lekshuhn), /i / (say ee ) noun 1. the selection of a person or persons for office by vote. 2. a public vote upon a proposition submitted. 3. the act of electing. 4. the choice by God of individuals, as for a particular work,… …  

  • inconsistent remedies — For the purposes of the doctrine of election of remedies: two or more coexisting remedies available to the litigant at the time of the election which are repugnant and inconsistent, 25 Am J2d Elect R § 10; not, in reality, an inconsistency… …   Ballentine's law dictionary

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