Where a party to a contract has two inconsistent rights it must elect between them, and an election to exercise one means the other is irrevocably lost. This applies where a party has a right to bring the contract to an end, such as through termination or rescission (collectively, ‘disaffirmation’). The party can either disaffirm the contract or affirm it, but not both. Once it does one it cannot do the other. This is the doctrine of election in contract law. But how does one know when a party has elected? And what is the basis for this doctrine? Such questions have caused a great deal of judicial and academic angst …
€ (Westlaw)
Daniel Meyerowitz-Katz, ‘Election between contractual rights: reconciling the authorities by recognising differences’ (2024) 140 (April) Law Quarterly Review 198.
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