What Is Election of Remedies?
Election of remedies is a legal doctrine that requires a party to choose between inconsistent legal remedies when pursuing a claim. Under Florida law, when two remedies are mutually exclusive, the party must commit to one path, and their election may bar them from later pursuing the alternative.
How It Works in Florida
The doctrine applies in several common situations:
- Rescission vs. damages: A party who rescinds (cancels) a contract cannot also seek damages for breach of that same contract
- Specific performance vs. damages: In a real estate dispute, the buyer must choose between forcing the sale and accepting monetary compensation
- Legal vs. equitable relief: Some legal and equitable remedies are considered inconsistent
When the Election Becomes Binding
Under Florida law, an election of remedies becomes binding when:
- The opposing party has been materially prejudiced by the initial election
- The court has entered a judgment on the elected remedy
- The party has received the benefit of the elected remedy (such as accepting a refund)
Florida courts allow parties to plead alternative theories in their initial complaint without triggering the election doctrine. The election becomes binding only as the case progresses.
Practical Implications
Election of remedies is particularly important in Florida real estate disputes involving earnest money deposits, where the buyer must choose between seeking a refund (rescission) and forcing the sale (specific performance). Making the wrong election can permanently waive valuable rights.
Related Terms
- Equitable Estoppel — Preventing a party from changing position to another's detriment
- Liquidated Damages — Pre-agreed damages that may limit remedy options
- Contract — The agreement that gives rise to competing remedies
Barnes Walker Litigation
Barnes Walker's litigation attorneys advise Florida clients on election of remedies strategies, ensuring the chosen legal path maximizes recovery while preserving all available options. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC