Legal Definitions - waiver by election of remedies

Definition: Waiver by election of remedies is a defense that arises when a plaintiff seeks two inconsistent remedies and chooses one of them, thereby waiving the other.

Example: A person who has been wrongfully terminated from their job may choose to either sue for damages or seek reinstatement. If the person chooses to sue for damages, they are waiving their right to seek reinstatement. This is because the two remedies are inconsistent with each other.

Explanation: In the example given, the person who was wrongfully terminated has two options for seeking redress. They can either sue for damages, which would compensate them for the harm caused by the termination, or they can seek reinstatement, which would restore their employment. However, these two remedies are inconsistent with each other. If the person chooses to sue for damages, they are essentially saying that they do not want to be reinstated. This is because if they were reinstated, they would not have suffered any harm and would not be entitled to damages. By choosing one remedy, the person is waiving their right to the other.