Construct · 1 fields · 1 citations

election: a standalone construct

One name. One construct. A landmark on the map.

● anchor · a standalone construct Nearest construct by meaningcampaigncompare the meanings
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election1 CONSTRUCTLegal electionSTORY · BINDING CHOICE

A single standalone construct; nearby constructs are located against it in the Collider. Tap a field for its definition, unit, and measures.

Law

A binding choice between inconsistent rights

In law, election is the doctrine that a party who holds two inconsistent rights or remedies, and who deliberately chooses one, is thereafter barred from pursuing the other. Joseph Story's Commentaries on Equity Jurisprudence (1836) gave an early systematic statement of the equitable doctrine of election, under which a person cannot both accept a benefit under an instrument and reject its terms, and the same principle later hardened into the American rule of election of remedies. The doctrine has older roots in English Chancery practice that Story's treatise gathered and ordered. The referent is a binding legal choice that forecloses an alternative claim, unrelated to a divine choice of the saved or the tallying of votes for public office.[1]

Unit
One binding choice between inconsistent legal rights or remedies
Recovery means
Not applicable
Measured by
Not measured; inferred by a court from a party's deliberate conduct and pleadings

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Nearby constructs

remedy1 fields · 1 citationsanchor · a standalone constructrational choice4 names · 7 citationsjangle · one assumption, three disciplinesbinding4 fields · 4 citationsjingle · one word, four constructs

References

  1. Story, J. (1836). Commentaries on equity jurisprudence, as administered in England and America. Hilliard, Gray.

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