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BBA LLB
PAPER CODE: LLB310
PAPER : DOCTRINE OF ELECTION

NAME: RAJAT BALODI


SEC-B
ENROLLMENT NO.- 06551103520
SUBMITTED TO Dr. Alankrita Mathur
Introduction
The Doctrine of Election is a fundamental concept in
the field of contract law that governs the formation
and enforceability of contracts. It plays a crucial role
in determining the rights and obligations of the
parties involved in a contractual relationship. In this
context, the concept of "election" refers to the power
or right of a party to choose between different
remedies or options when certain conditions are met.
One specific application of this doctrine is found in
the Transfer of Property Act (TPA), which provides a
framework for the transfer of property rights in India.
Objectives
• : In legal contexts, the doctrine of election refers to the principle
that requires a person to choose between two or more inconsistent
or mutually exclusive rights or remedies. The objective of this
doctrine is to prevent double recovery or unjust enrichment by
rZequiring the party to make a clear and unequivocal choice.
• Theology: In religious or theological contexts, the doctrine
of election is a concept found in certain religious traditions
that explains the belief that God chooses or predestines
individuals for salvation or divine favor. The objective of
this doctrine is to address questions of divine sovereignty,
human responsibility, and the nature of God's grace.
• Politics: In political contexts, the doctrine of election refers to the
process of selecting or choosing political representatives through
voting. The objective of this doctrine is to establish a democratic
system where citizens have the power to elect their leaders,
ensuring that the government is accountable and representative of
the people's will.
Legal Framework and Processes

1. Identification of inconsistent rights or remedies: The first step is to identify


the existence of two or more inconsistent rights or remedies available to
the individual. For example, if a person is named as a beneficiary in a will
and also challenges the validity of the same will, they may need to choose
between accepting the benefits as a beneficiary or pursuing the challenge.
2. Communication of the choice: Once the inconsistent rights or remedies are
identified, the person must communicate their choice to the relevant parties
or authorities involved. This communication must be clear and
unambiguous to indicate the decision made.
3. Relinquishment of alternative rights or remedies: After making the choice,
the individual must relinquish or renounce any rights or remedies that are
not selected. This ensures that they cannot claim or pursue those
alternatives in the future.
Conclusion

In conclusion, the doctrine of election is a legal


principle that requires individuals to choose
between two or more inconsistent rights or
remedies. The purpose of this doctrine is to prevent
double recovery or unjust enrichment by obligating
individuals to make a clear and unequivocal
choice.The specific conclusion or outcome of the
doctrine of election depends on the situation and the
choices made by the individual. Once the choice is
made and communicated, the individual is bound by
their decision and cannot later claim the rights or
remedies that were not chosen
THANK YOU

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