inconsistent remedies

inconsistent remedies
For the purposes of the doctrine of election of remedies: two or more coexisting remedies available to the litigant at the time of the election which are repugnant and inconsistent, 25 Am J2d Elect R § 10; not, in reality, an inconsistency between the remedies themselves, but an inconsistency between a certain state of facts relied on as the basis of a certain remedy and another certain state of facts relied on as the basis of another remedy. Brady v State Ins. Co. 100 Neb 497, 160 NW 882. Remedies are inconsistent when the right to any of them necessarily yields or concedes the right to another. Crane v Atlanta & Lowry Nat. Bank, 40 Ga App 83, 49 SE 58.

Ballentine's law dictionary. . 1998.

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  • election of remedies — 1: the act of electing a remedy from those available for an injury 2: the doctrine that a plaintiff who elects a remedy for his or her injury is barred from pursuing another remedy that is inconsistent with the one elected Merriam Webster’s… …   Law dictionary

  • repugnant remedies — See inconsistent remedies …   Ballentine's law dictionary

  • election of remedies — The choosing between two or more different and co existing modes of procedure and relief allowed by law on the same state of facts. Mansfield v Pickwick Stages, 191 Cal 129, 215 P 389. The doctrine, not a rule of substantive law but a technical… …   Ballentine's law dictionary

  • waiver — The intentional or voluntary relinquishment of a known right, or such conduct as warrants an inference of the relinquishment of such right, or when one dispenses with the performance of something he is entitled to exact or when one in possession… …   Black's law dictionary

  • election — The act of choosing or selecting one or more from a greater number of persons, things, courses, or rights. The choice of an alternative. The internal, free, and spontaneous separation of one thing from another, without compulsion, consisting in… …   Black's law dictionary

  • election — The act of choosing or selecting one or more from a greater number of persons, things, courses, or rights. The choice of an alternative. The internal, free, and spontaneous separation of one thing from another, without compulsion, consisting in… …   Black's law dictionary

  • election, estoppel by — An estoppel which arises by a choice between inconsistent remedies. See election (election of remedies). An estoppel predicated on a voluntary and intelligent action or choice of one of several things which is inconsistent with another, the… …   Black's law dictionary

  • estoppel by election — An estoppel which arises by a choice between inconsistent remedies. See election (election of remedies). An estoppel predicated on a voluntary and intelligent action or choice of one of several things which is inconsistent with another, the… …   Black's law dictionary

  • election, estoppel by — An estoppel which arises by a choice between inconsistent remedies. See election (election of remedies). An estoppel predicated on a voluntary and intelligent action or choice of one of several things which is inconsistent with another, the… …   Black's law dictionary

  • estoppel by election — An estoppel which arises by a choice between inconsistent remedies. See election (election of remedies). An estoppel predicated on a voluntary and intelligent action or choice of one of several things which is inconsistent with another, the… …   Black's law dictionary

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