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Simple English definitions for legal terms
election, doctrine of
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A quick definition of election, doctrine of:
The doctrine of election is a rule that says if someone makes a contract with an agent without knowing who the agent is working for, and later finds out, they can choose to enforce the contract against either the agent or the principal, but not both. This means they have to decide who to hold responsible for the contract.
A more thorough explanation:
Definition: The doctrine of election is a legal principle that states when a person enters into a contract with an agent without knowing the identity of the principal, and later discovers the principal's identity, the person can enforce the contract against either the agent or the principal, but not both.
For example, if John hires a real estate agent to purchase a property, but does not know the identity of the seller, and later discovers that the seller is Jane, John can choose to enforce the contract against either the agent or Jane, but not both.
This doctrine is based on the principle that a person cannot receive double recovery for the same obligation. Therefore, the person must choose to enforce the contract against either the agent or the principal, but not both.