Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
election of remedies
1. A claimant's act of choosing between two or more concurrent but inconsistent remedies based on a single set of facts. 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 (3).
waiver by election of remedies
A defense arising when a plaintiff has sought two inconsistent remedies and by a decisive act chooses one of them, thereby waiving the other.