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Election Of Remedies
An outmoded requirement that if a party files a claim based on two inconsistent legal theories, the party must choose one theory to pursue, usually just before the trial begins. Because it's unfair to force the party to choose before all of the evidence is presented, courts now generally won't require the party to make a choice.
LA-NOLO5:LDR.1.5.0.20140409.25642