Legal Definitions - aliud

Aliud is a Latin term meaning "something else" or "another thing." In legal contexts, particularly in contract law, it refers to a situation where the goods or performance delivered are fundamentally different from what was agreed upon in the contract, rather than merely being defective or non-conforming in a minor way.

Here are some examples to illustrate this concept:

• Example 1: Automotive Order

  A car dealership places a bulk order with a manufacturer for 50 units of a specific model of electric compact sedans. However, when the shipment arrives, the dealership receives 50 units of gasoline-powered luxury SUVs. This situation would be considered an aliud because the delivered vehicles are fundamentally different in type, fuel source, and market segment from what was ordered, not just a slightly different color or a minor defect.

  This illustrates aliud because the dealership received a completely different product (SUVs) than what was specified in the contract (electric compact sedans), making the delivery "something else" entirely.

• Example 2: Construction Materials

  A building contractor orders a large shipment of structural steel beams, specifically designed for the framework of a new high-rise building. The supplier, by mistake, delivers an equivalent quantity of aluminum siding panels. This is an aliud because the aluminum siding panels, while construction materials, are entirely different in function, material, and purpose from the structural steel beams required for the building's core support.

  This demonstrates aliud because the contractor received materials (aluminum siding) that are fundamentally distinct in nature and application from the structural steel beams they contracted for, representing "another thing" altogether.

• Example 3: Technology Procurement

  A school district orders 200 units of desktop computers with specific processing power and memory for its computer labs. When the order is delivered, they receive 200 units of tablet devices. This would be an aliud because tablets, despite being computing devices, are fundamentally different in form factor, typical use, and often processing capabilities from desktop computers, making them unsuitable for the intended purpose of a computer lab.

  This exemplifies aliud because the school district received a product (tablets) that is a distinct category of device from the desktop computers they ordered, fulfilling the definition of "something else."