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MIAMI A
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LSDefine
Simple English definitions for legal terms
doctrine of election
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A quick definition of doctrine of election:
The doctrine of election is a rule that says when someone makes a contract with an agent without knowing who the agent is working for, they can choose to enforce the contract against either the agent or the principal, but not both. It's like choosing between two options and once you make a choice, you can't go back and choose the other option. Election can also refer to the process of choosing someone for a job or position, like in an election for a public office.
A more thorough explanation:
The Doctrine of Election is a legal principle that applies when a person has made a contract with an agent without knowing the identity of the principal. If the person later learns the principal's identity, they can enforce the contract against either the agent or the principal, but not both.
For example, if you hire a contractor to build a house without knowing who the actual builder is, and later find out that the builder is a well-known construction company, you can choose to enforce the contract against either the contractor or the construction company, but not both.
The Doctrine of Election also applies in other legal contexts, such as when a person must choose between accepting a benefit under a legal instrument and retaining some property right to which they are already entitled. In this case, the person is obligated to choose between alternative rights or claims and can only enjoy one.
Another example of the Doctrine of Election is in the process of selecting a person to occupy an office, membership, award, or other title or status. This is commonly seen in political elections, where voters must choose between candidates to fill a particular office or position.