References in periodicals archive ?
Election of Remedies Must Not Be Confused with Alternative Pleading
Election of remedies allows a plaintiff to present inconsistent causes of action in hopes of recovering under any theory.
In contrast, under the election of remedies theory, a plaintiff may pursue alternative theories of liability, rather than inconsistent theories of damages, to a single recovery.
In contrast, while the election of remedies doctrine allows the pleading of inconsistent causes of action up to and including the trial (for instance, a plaintiff who cannot recover for breach of contract might still be able to recover for negligence (39)), the type of damages available does not necessarily hinge on the theory of liability.
Governing Law and Forum Selection; Waiver of Jury Trial; Arbitration; and Cumulative Remedies and Election of Remedies (dispute resolution provisions).