election of remedies

Definition from Nolo’s Plain-English Law Dictionary

An outmoded requirement that if a party files a claim based on two inconsistent legal theories, the party must choose one theory to pursue, usually just before the trial begins. Because it's unfair to force the party to choose before all of the evidence is presented, courts now generally won't require the party to make a choice.

Definition provided by Nolo’s Plain-English Law Dictionary.