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Waiver by election

Defined in 1 dictionary — Ballentine's (1916)

Ballentine's Law Dictionary

James A. Ballentine · 1916

A defense which arises when the remedies are inconsistent and when a party has waived one of them by a decisive act of affirmance or disaffirmance. See 155 U. S. 13, L. Ed. 53, 15 Sup. Ct. Rep. 4.