Legal Definitions - election of species

Election of Species refers to a legal principle where a party, typically a plaintiff, must choose between different types or categories of legal claims or remedies that arise from the same set of underlying facts. This choice is often necessary because pursuing one type of claim or remedy might be inconsistent with or preclude the pursuit of another. The party must "elect" (meaning to choose) which "species" (meaning kind or type) of legal action or relief they wish to pursue.

• Example 1: Breach of Contract vs. Negligence

  Imagine a homeowner hires a contractor to renovate their kitchen. The contractor completes the work, but it's done poorly, causing water damage and requiring extensive repairs. The homeowner could potentially sue the contractor for breach of contract (arguing the work wasn't performed to the agreed-upon standard) or for negligence (arguing the contractor performed the work carelessly, causing damage). These are two distinct "species" of legal claims arising from the same faulty renovation. The homeowner would need to elect which primary legal theory to pursue, as the elements of proof and available damages might differ.

• Example 2: Specific Performance vs. Monetary Damages

  Consider a situation where a seller breaches a contract to sell a rare, one-of-a-kind antique to a buyer. The buyer has two main options for a remedy. They could ask the court for specific performance, which means ordering the seller to complete the sale and hand over the unique antique (an equitable remedy). Alternatively, the buyer could seek monetary damages, asking for a sum of money to compensate for the financial loss suffered due to not acquiring the antique (a legal remedy). The buyer must make an "election of species" between these two distinct forms of relief for the same breach of contract.

• Example 3: Property Damage - Repair Costs vs. Diminution in Value

  Suppose a car is involved in an accident and sustains significant damage. The car owner might have the option to claim the cost of repairing the vehicle to its pre-accident condition. However, if the repairs, even if completed, would still leave the car with a reduced market value compared to an undamaged car (known as "diminution in value"), the owner might instead elect to claim for that lost value. These represent different "species" of calculating compensation for the same property damage. The owner must choose which method of calculating damages they wish to pursue.