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Election of Remedies

Election of Remedies

Definition

A doctrine providing that a party with two or more inconsistent remedies for the same harm must choose which one remedy to pursue, thus preventing the party from obtaining multiple inconsistent remedies. In contract law, the election-of-remedies doctrine provides that in the event of a material breach of a contract, the non-breaching party may choose between the remedies of terminating the contract or continuing the contract and recovering for damages, but the non-breaching party may not opt to continue the contract and subsequently terminate on the basis of that breach.

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