Title

Remedies Computer Assisted Lessons: Election of Remedies Doctrines

Document Type

Article

Publication Title

The Center for Computer-Assisted Legal Instruction

Abstract

This lesson explores the many uses of the doctrine of election of remedies. Students will discover that attorneys will invoke the doctrine of election of remedies to enforce statutory or contractual exclusivity of remedy; to require plaintiffs to be bound by their intentional choice; to protect defendants from prejudice due to their detrimental reliance on plaintiff's actions; to eliminate double recovery for the same wrong; or to eliminate splitting and relitigation of claims. By working through the problems in this lesson, students will become familiar with the many different purposes of the doctrine and recognize the overlap with other remedial doctrines, such as waiver, estoppel, laches, and res judicata.

Publication Date

2020

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