Legal Definitions - alternative judgment

An alternative judgment is a court's final decision that provides a party with two or more distinct ways to comply with the ruling. Instead of ordering a single, specific action, the judgment offers a choice between specified outcomes, allowing the party against whom the judgment is made to select which option they will fulfill.

Here are some examples to illustrate this concept:

• Example 1: Contractual Performance or Damages

  Imagine a small construction company, "BuildRight Inc.," was hired to build a custom gazebo for a homeowner. Due to unforeseen material shortages, BuildRight Inc. failed to complete the project on time and to the agreed specifications. The homeowner sued, and the court issued an alternative judgment. The judgment ordered BuildRight Inc. to either: (a) complete the gazebo exactly as per the original contract within 30 days, using approved substitute materials if necessary, or(b) pay the homeowner $10,000 in damages, allowing the homeowner to hire another contractor to finish the work. This is an alternative judgment because BuildRight Inc. has two distinct options to satisfy the court's ruling.

• Example 2: Return of Unique Property or Monetary Value

  A dispute arose over a rare, antique grandfather clock that was mistakenly sold to "Collector's Haven" by a family member who did not have the authority to sell it. The rightful owner sued Collector's Haven for its return. The court, recognizing the clock's unique historical value but also the possibility that it might have been damaged or resold, issued an alternative judgment. The judgment ordered Collector's Haven to either: (a) return the specific antique grandfather clock to its rightful owner in its current condition, or(b) pay the rightful owner $25,000, which was the appraised market value of the clock. This provides Collector's Haven with a choice, especially if returning the physical item is no longer feasible.

• Example 3: Cease Activity or Pay Licensing Fees

  A software development company, "InnovateTech," was found to have inadvertently used a proprietary algorithm owned by a larger competitor, "Global Solutions," in one of its products. Global Solutions sued for intellectual property infringement. The court issued an alternative judgment, aiming for a practical resolution. The judgment ordered InnovateTech to either: (a) immediately cease all use of the infringing algorithm in its product and remove it from all distributed copies, or(b) pay Global Solutions a recurring licensing fee of $5,000 per month for continued use of the algorithm. This allows InnovateTech to choose the path that best suits its business operations while still complying with the court's decision regarding the infringement.