ELECTION (Lat. ek•tio, choice. from ciigerc, to choose. from c, out to select I. As a legal term. the choice. or the right or duty to choose, between two incon-istent alternative right: or benefits. These rights may be accorded by contract. as when a purchaser of property stipulates for the option of paying in money or in other property; or when an insurance com pany reserves the option of paying the sum for which a building is insured or of rebuilding it. Still more frequently persons are put to an election by a rule of law or of equity. A person whose property has been wrongfully taken may sue the wrongdoer for the value of the property in a contract action. or he may bring an action in tort for the conversion; hut he is not entitled to pursue both remedies. and his choice of one cuts him off. at common law, from thereafter pursuing the other.
The doctrine of election in equity is said to have its origin in two inconsistent alternative gifts or benefits. one of which the giver has no power to make without. at least• the assent of the donor of the other gift. For example, A gives to B property belonging to C, and by the same instnnent—generally a will—gives to C property belonging to A. here C is put to an
election between keeping his own property and rejecting A's gift. or accepting A's gift and turn ing over to P. his I C's) property. This doctrine rests upon the intention of A as disclosed by the whole instrument. That intention clearly is that C shall not receive the gift named for him, miles, he accede- to the gift named for B. An other example of election is that to which a widow is frequently put between her right of dower (q.v.) and an inconsistent benefit be stowed by her husband's will.
Election may be made by an express and for mal announcement, or it may be. and more fre quently is, implied from the conduct of the one entitled or bound to elect. In either case an election is not eonclusive. as a rule. unless made with knowledge of all material facts necessary to all intelligent choice. When made with such knowledge it is irrevocable. Consult the authori ties referred to under WILL, DOWER, etc.