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I. Election of Remedies
(538 words)

Volume XI: Torts | Chapter 11 (1971): Collateral Benefits

Completed 1 January 1970

John Fleming

4. Putting the injured person to an irrevocable election between tort recovery and some other benefit is most often akin to “Hobson’s Choice”, i.e., it presents no viable alternatives. Usually, the collateral benefit, such as some form of Social Security, is available immediately, when most needed to tide the victim over his catastrophe and when tort damages still look very contingent and far away. There being no real freedom of choice, t…

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John Fleming, “I. Election of Remedies”, in: International Encyclopedia of Comparative Law Online, Edited by: U. Drobnig, R. David, H. H. Egawa, R. Graveson, V. Knapp, A. T. Von Mehren, Y. Noda, S. Rozmaryn, V. M. Tschchikvadze, H. Valladão, H. Yntema, K. Zweigert. Consulted online on 28 January 2022 <>
First published online: 2018

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