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.
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