election of remedies


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election of remedies

The necessity that injured parties make a selection of only one method of being compensated for their loss,rather than collecting multiple times in different ways.For example, if a certain lender behavior is a violation of the Equal Credit Opportunity Act and of local laws, the borrower may recover damages under one law,but not under both.In addition,some courts hold that when a seller breaches a contact to sell real estate, the buyer must choose between suing for damages or suing to force the seller to proceed with the sale. This does not prevent parties from suing for as many different theories as their lawyer can imagine,but they can have only one remedy at the end of the trial. (The concept of election of remedies is similar to the concept of double jeopardy—one can't be punished twice for the same wrong.)

References in periodicals archive ?
Pursuant to the doctrine of the election of remedies, the board should have deferred to Iafrate's earlier-filed grievance and refrained from adjudicating the subsequent unfair labor practice charge, the town argued before Licht.
ISSUE: Where ample evidence existed to support an inference of retaliatory conduct and the doctrine of election of remedies did not apply, did the Rhode Island State Labor Relations Board properly find that the town of North Providence retaliated against a clerk for her history of filing grievances?
Election of Remedies Must Not Be Confused with Alternative Pleading
Eliminating viable alternative claims before judgment is a misapplication of the "election of remedies" doctrine.
"When a tenant asserts a partial or total constructive eviction as a defense to the non-payment or rent, the tenant's refusal to pay rent constitutes an election of remedies, and the tenant has no claim for damages.
The flexibility theory's directive, that recovery of out-of-pocket or lost profit damages presents inconsistent and mutually exclusive modes of recovery, is conceptually analogous to--but nevertheless quite different from--the separate doctrine of "election of remedies." They should not be confused.
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.
Any decision made regarding a claimant's election of remedies and the impact of the determination that the injury is compensable is beyond his jurisdiction and must be reversed.
* Governing Law and Forum Selection; Waiver of Jury Trial; Arbitration; and Cumulative Remedies and Election of Remedies (dispute resolution provisions).