Maxim 1.5.57
Election once made cannot be recalled.
Electio semel facta non patitur regressum.
Source: Co. Litt. 146a; Jackson
Difficulty 2/5 — Approachable
Explanation
When a party is given a choice between two remedies or rights and elects one, he is bound by that election and cannot later pursue the other.
Where this applies
- A party chooses one legal remedy and then tries to switch to another.
- Someone sues for damages and then later wants specific performance instead.
Cite this maxim
NeCede Max. 1.5.57 — Election once made cannot be recalled. — Co. Litt. 146a; Jackson (Electio semel facta non patitur regressum.)
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