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 ?
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).
Instead, the court found that the dispositive issue was whether there had been an election of remedies: CCP section 726's sanction applies only if there has been an election of remedies.
The court further found that an election of remedies can occur in two ways.