Remedy

A remedy is a legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated.

The doctrine of election of remedy is where a person can be compensated under more than one legal theory, but in order to prevent being compensated multiple times for the same wrong, the person receiving the compensation must choose which legal theory under which to be compensated (usually the one which produces the largest remedy is chosen). For example, a person contracts with a seller for an airplane, and is told it is new, but later learns that the engines were used and had major mechanical problems. The person could sue both for breach of contract and for fraud, and if able to prove both, would have to choose which remedy (in this case, fraud would be chosen due to the potential for punitive damages along with damages for lost value, whereas under breach of contract only lost value would be available).

External links[edit]

• Law Dictionary
• Glossary of Legal Terms