Election Of Remedies Legal Meaning and Definition

Here is a simplified definition of the legal term Election Of Remedies.

Election Of Remedies (noun)

This is a legal term referring to a requirement where a plaintiff (the person initiating a lawsuit) is asked to choose between two different legal solutions, or 'remedies', based on contradictory legal theories. For instance, if a plaintiff sues another party for both breach of contract and fraud, they might need to decide which claim they are most likely to prove and want to follow through on, usually right before trial begins. This is because a court may not allow both claims to proceed simultaneously. Some courts consider this request as unfair to the plaintiff, especially when all the evidence has not been fully presented, and have stopped using it.