Election of Remedy Law and Legal Definition

Election of remedy refers to choosing a method of recovery for harm. Often, once a remedy is chosen, it is often to the exclusion of other remedies. In many cases, different statutes or theories of liablility may apply to a certain set of circumstances upon which a plaintiff may seek relief. However, once a statutory or common law claim is made, a different theory for recovery may not be pursued. For example, a homeowner may file a claim under a home warranty or go through the courts to have any problems with the home addressed, but not both – at least for the same defects. Therefore, if the homeowner sues the builder to have certain defects addressed, a warranty claim cannot be filed for the same items.

The following is an example of a state statute dealing with election of remedy:

268.0675 NO ELECTION OF REMEDY. Use of any remedy under this chapter for the collection of any amount due from an employer or an applicant shall not constitute an election of remedy to the exclusion of any other available remedy.