Example: A defendant has been found liable for taking a plaintiffs car; the plaintiff has an election of remedies between forcing the defendant to return the property, or forcing the defendant to pay the value of the property.
Wikipedia foundation.
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… … Law dictionary
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 — 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
