Election of Remedies

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The act of choosing between inconsistent remedies allowed by law on the same set of facts, and its purpose is to prevent double recovery for a single wrong.

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. Ordinarily this doctrine applies only when a party has elected to pursue one remedy to its conclusion and then attempts to pursue a subsequent claim on a second inconsistent theory.

[Last updated in June of 2020 by the Wex Definitions Team]