What is the doctrine of election of remedies?
The election of remedies doctrine is a doctrine of estoppel that provides a party who has two co-existing but inconsistent remedies and elects to pursue one remedy to a conclusion may not sue on the other remedy.
What is a remedy in law example?
Remedies in Law When compensatory damages are awarded, a court orders the person that breached the contract to pay the other person enough money to get what they were promised in the contract elsewhere. For example, suppose you hire and pay someone to clean your house for $100, but he is unable to do it.
What are the 3 remedies at law?
Monetary awards (called “damages”), specific performance, and restitution are the three principle remedies.
What is the main remedy in a common law action?
The usual remedy for common law causes of action is damages. Damages are an amount of money that the defendant must pay to the plaintiff as compensation for the damage or injury caused by the defendant’s conduct.
Is election of remedies an affirmative defense?
Election of remedies is an affirmative defense. To use the de- fense, the defendant must show that the plaintiff possesses two in- consistent and concurrent remedies to a single cause of action.
What does Seller’s election of remedies mean?
(Specific performance means that seller sues buyer with the goal of forcing buyer to complete the purchase.) If the parties agree to “Seller’s Election of Remedies,” then seller may sue buyer for actual damages and/or specific performance.
What are types of legal remedy?
Judicial remedies are of three main types:
- Specific Restitution of Property.
What types of remedies are there and what purpose does each serve?
Categorized according to their purpose, the four basic types of judicial remedies are (1) damages; (2) restitution; (3) coercive remedies; and (4) declaratory remedies. The remedy of damages is generally intended to compensate the injured party for any harm he or she has suffered.
What are the remedies in tort law?
Judicial remedies in tort are of three main types Damages: Damages or legal damages is the amount of money paid to the aggrieved party to bring them back to the position in which they were before the tort had occurred. They are paid to a plaintiff to help them recover the loss they have suffered.
Why are parties sometimes required to make an election of remedies?
Sometimes parties are required to make an election of remedies: to choose among two or more possible bases of recovery. If the remedies are really mutually exclusive and one is chosen, the aggrieved party loses the right to pursue the others.
What is election of remedies in law?
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 defendant, then the plaintiff has two possible routes to restore…
Can a plaintiff have both remedies and remedies?
However, the plaintiff cannot have both, and must therefore make an election of one or the other. Under the old common law of England, a party had to make an election of remedies at the time that the complaint was filed. Most jurisdictions have since abandoned that requirement.
What is the principle of election in law?
Doctrine of election is a common law principle of equity that requires that a person is under an obligation to elect or choose between two inconsistent and alternative rights in the event where there is an ‘apparent intent’ of the grantor that the grantee should not enjoy both.
What is doctrine of election?
According to doctrine of election, if a benefit is conferred upon a person under an instrument, that person must also bear the burden. A person cannot take what’s beneficial to him and disapprove to that which is against him under the same instrument.