Legal Definitions - election, doctrine of

Definition: The doctrine of election is a legal principle that states when a person enters into a contract with an agent without knowing the identity of the principal, and later discovers the principal's identity, the person can enforce the contract against either the agent or the principal, but not both.

For example, if John hires a real estate agent to purchase a property, but does not know the identity of the seller, and later discovers that the seller is Jane, John can choose to enforce the contract against either the agent or Jane, but not both.

This doctrine is based on the principle that a person cannot receive double recovery for the same obligation. Therefore, the person must choose to enforce the contract against either the agent or the principal, but not both.