The doctrine of election requires a person to choose between ___ and ___.

Two alternative or inconsistent rights conferred under an instrument.

True or False: Under the doctrine of election, a person can take under and against the same instrument.

False. A person cannot take under and against the same instrument.

What principle is encapsulated in the Latin maxim 'Allegans contraria non est audiendus' as it relates to the doctrine of election?

It means that one cannot be heard who alleges contradictory things, implying that a beneficiary must adhere to the terms of the instrument in its entirety.

In what situation does a person not need to make an election regarding a transfer?

A person does not need to make an election if they benefit indirectly from a transaction.

True or False: If a donee elects against the instrument in English law, they forfeit the benefit conferred on them.

False. They do not forfeit the benefit; they are merely obligated to compensate the disappointed party.

What must a beneficiary do if they accept a specific benefit conferred on them as part of a transfer?

They must relinquish the specific benefit if they claim the property.

According to the doctrine of election, knowledge or waiver of duty to elect is presumed if the person has enjoyed the benefit for ___ years.

Two

In the case of a gratuitous transfer where the transferor has died, what is the right of the disappointed transferee?

They are entitled to compensation.

Under the doctrine of election, what happens if a person does not indicate their intention to confirm or dissent from the transfer within one year?

They will be deemed to have elected to confirm the transfer.

What are the essential conditions that must be met before an election can occur regarding property transfer?

There must be a transfer of property by a person who has no right to transfer it, the person must confer some benefit on the owner of the property, and the owner must have the option to confirm the transfer or dissent from it.

If the owner of the property dissents from the transfer, what must they relinquish?

They must relinquish the benefit conferred upon them.

True or False: If a person elects against the instrument, they will lose the entire benefit received under it.

False. They will only forfeit the benefit attached in lieu of the property, not the whole benefit.

Election can be made through which two modes?

Election can be made either implied through conduct or express through conclusive words.

Fill in the blank: If a person acts out of ignorance or mistake, the doctrine of election gives way to ___ rights.

Dower rights. (For example, a widow may elect after a lapse of time if she acted in ignorance of her rights.)

What happens to the benefit intended for the owner if they elect against the transfer?

The benefit intended for the owner will revert to the transferor.

True or False: An election made in express words is final and can be revoked at any time.

False. An election made in express words is final and conclusive.

What is the effect of electing against a transfer?

The owner must relinquish the benefit received and the intended benefit will revert to the transferor.

True or False: If a person has enjoyed a benefit for two years without dissent, it is presumed they have waived any objections.

True

If an election has not taken place within ___ from the date of the transfer, the transferor can compel the person to make their election.

One year

The election may be postponed if the donee is incapacitated due to insanity or ___ .

Lunacy

True or False: A person receiving a benefit indirectly under a transaction is considered to take under the deed.

False - They cannot be considered to take under the deed.

When a question of election arises, it is pertinent only when the transferee receives a benefit ___ under the transaction.

Directly

What happens if a person fails to elect within a reasonable time after being compelled to do so?

They will be deemed to have elected to confirm the transaction.