1. A claimant’s act of choosing between two or more concurrent but inconsistent remedies based on a single set of facts. [Cases: Election of Remedies
1. C.J.S. Election of Remedies §§ 2–3.]
2. The affirmative defense barring a litigant from pursuing a remedy inconsistent with another remedy already pursued, when that other remedy has given the litigant an advantage over, or has damaged, the opposing party. • This doctrine has largely fallen into disrepute and is now rarely applied.
3. The affirmative defense that a claimant cannot simultaneously recover damages based on two different liability findings if the injury is the same for both claims, thus creating a double recovery. Cf. alternative relief under RELIEF.
