election of remedies
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 of remedies between forcing the defendant to return the property, or forcing the defendant to pay the value of the property.


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  • 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,… …   Australian English dictionary

  • 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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