waiver by election

waiver by election
A defense which arises when a plaintiff who has sought two remedies which are inconsistent with each other, waives one of them by a decisive act of affirmance or disaffirmance, with knowledge of the facts. Robb v Vos, 155 US 13, 43, 39 L Ed 52, 63, 15 S Ct 4.

Ballentine's law dictionary. . 1998.

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