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Dictionary of Law |
election of remedies :: legal definitionElection of remedies - n. an outmoded requirement that if a plaintiff (party filing suit) asks for two remedies based on legal theories which are inconsistent (a judge can grant only one or the other), the plaintiff must decide which one is the most provable and which one he/she really wants to pursue, usually just before the trial begins. Example: suing someone for both breach of contract and for fraud (a secret plan not to fulfill the contract when it was made). Fraud might bring punitive damages, but proof of fraud might be more difficult than of breach of contract. Increasingly, the courts have dispensed with the election of remedies as unfair to the plaintiff since the evidence has not been fully presented. Related Law Termsaccrue :: v. 1) growing or adding to, such as interest on a ... the contract (anticipatory breach).anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract at will employment :: n. a provision found in many employment contracts ... ons. See also: wrongful termination breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages partial breach :: n. the failure to meet a term of a contract which ... g in the missing or expected items. party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent puffing :: n. the exaggeration of the good points of a produc ... seller is possible. See also: fraud repudiation :: n. denial of the existence of a contract and/or re ... also: anticipatory breach contract severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Eearnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages.easement :: n. the right to use the real property of another f ... rstandings at the time of creation. egress :: n. way of departure. A word usually used in conjun ... unction with "access" or "ingress." EIR :: n. popular acronym for environmental impact report ... e also: environmental impact report ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents. ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02) election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. election under the will :: n. in those states which have statutes which give ... arries) left to her under his will. eleemosynary :: (eh-luh-moss-uh-nary) adj. charitable, as applied ... pplied to a purpose or institution. element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support. embezzlement :: n. the crime of stealing the funds or property of ... in trust. See also: embezzler theft embezzler :: n. a person who commits the crime of embezzlement ... r property of an employer or trust. emblements :: n. crops to which a tenant who cultivated the land ... ome the property of his/her estate. emergency :: n. a sudden, unforeseen happening which requires a ... r to protect lives and/or property. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation emolument :: n. salary, wages and benefits paid for employment ... d for employment or an office held. emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment |