Legal Definitions - alternative order

An alternative order is a directive issued by a court or other legal authority that presents two or more distinct options, requiring a party to fulfill one of them. It provides a choice or a conditional instruction, meaning that if one condition is not met, another action must be taken, or a specific choice must be made between the given options.

Here are some examples to illustrate this concept:

• Example 1: Property Settlement in Divorce

  In a divorce proceeding, a judge might issue an alternative order stating that one spouse must either pay the other spouse $50,000 as part of the property settlement or transfer ownership of a jointly-owned vacation cabin to that spouse. The value of the cabin is deemed equivalent to the cash amount.

  Explanation: This is an alternative order because the spouse has two distinct ways to satisfy the financial obligation arising from the divorce settlement. They can choose to pay the money or transfer the property, fulfilling the court's directive through either option.

• Example 2: Regulatory Compliance

  A local environmental agency issues an alternative order to a manufacturing plant. The order states that the plant must either install new air filtration systems within 90 days to reduce emissions to acceptable levels or cease operations of the polluting machinery until compliance is achieved.

  Explanation: The plant is presented with an alternative: take a specific corrective action (install new systems) or face a consequence (cease operations). The order provides a choice of how to address the regulatory violation.

• Example 3: Contractual Performance

  Following a breach of contract, a court might issue an alternative order to a construction company that failed to complete a building project. The order could stipulate that the company must either complete the remaining construction work within six months according to the original specifications or pay the client $200,000 in liquidated damages for the delay and non-completion.

  Explanation: This order gives the breaching party a choice between specific performance (finishing the work) and monetary compensation (paying damages). The court provides two distinct paths to resolve the breach of contract.