A plaintiff may pursue any number of consistent or inconsistent remedies against the same person or different persons until he shall obtain a satisfaction from some of them.
§ 9-2-4.Pursuit of consistent or inconsistent remedies
Chapter 2. Actions Generally · Article 1. General Provisions · Last amended 1967 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-2-4 lets a plaintiff pursue as many consistent or even inconsistent remedies as they choose, against the same person or different persons, without being forced to pick one theory upfront, so long as the pursuit stops once the plaintiff obtains satisfaction from one of the parties.
Full Text of § 9-2-4
Plain-English Summary
A plaintiff often isn’t sure, early in a dispute, which legal theory will pan out — maybe the defendant breached a contract, or maybe fraud is the better fit, and the two theories point in different directions. This section says the plaintiff doesn’t have to guess right the first time.
It allows a plaintiff to pursue any number of remedies, consistent or inconsistent with one another, against the same defendant or against different defendants, all at once or in sequence. Georgia law doesn’t force an early election between theories just because they conflict.
The limit comes at the finish line, not the start: once the plaintiff gets satisfaction — actual payment or performance — from any one of the parties or theories pursued, the chase ends. The rule protects a plaintiff’s freedom to explore alternative paths to relief while guarding against a double recovery for the same underlying harm.
Frequently Asked Questions
Can a plaintiff sue on two contradictory legal theories at the same time?
Yes. The section allows a plaintiff to pursue any number of consistent or inconsistent remedies against the same person or different persons.
Does a plaintiff have to choose one remedy before filing suit?
No. Nothing in the section requires an election of remedies before the plaintiff obtains satisfaction from one of the parties pursued.
When does a plaintiff’s right to pursue multiple remedies end?
It ends once the plaintiff obtains satisfaction from some of the parties pursued — the section caps recovery at that point rather than at the filing of suit.
Can a plaintiff pursue remedies against more than one defendant under this section?
Yes, the text expressly allows pursuit of remedies “against the same person or different persons.”
Does this section limit how many remedies a plaintiff can pursue?
No numeric limit appears in the text; it allows “any number” of consistent or inconsistent remedies, subject only to the satisfaction cutoff.
Amendment History
Civil Code 1895, § 4945; Civil Code 1910, § 5522; Code 1933, § 3-114; Ga. L. 1967, p. 226, § 45.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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