Election Doctrine

The Election Doctrine refers to the principle that a party must choose or 'elect' between two or more inconsistent legal positions or claims. Once the party makes an election, they are generally bound to that choice and cannot later switch positions.

The Election Doctrine has roots in common law, evolving from the need for consistency and predictability in legal proceedings. It serves to prevent parties from playing fast and loose with their claims and defenses.

In modern law, the Election Doctrine is often applied in contract disputes and tort claims where a party must decide on a specific course of action—such as suing for breach of contract or rescinding a contract. Courts uphold this doctrine to maintain fairness and judicial economy by preventing parties from manipulating facts and arguments.

• A plaintiff may choose to sue for damages ensuing from a breach of contract rather than seeking specific performance, thereby waiving the latter claim.
• In a tort case, a claimant may elect to recover under a theory of negligence or strict liability but cannot pursue both simultaneously.

• Katz v. Pomerantz, 117 N.J. Super. 368 (N.J. App. Div. 1971)