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Simple English definitions for legal terms
alternative promise
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A quick definition of alternative promise:
An alternative promise is a type of promise in a contract where the promisor agrees to do one of two or more things, and any of those things can be considered as consideration. For example, if someone promises to either paint a house or mow the lawn, and the promisee desires one performance only, but the promisor may reserve an alternative which he may deem advantageous, then the promise is considered as consideration. However, if the promisor has an unfettered choice of alternatives, and one alternative would not have been consideration if separately bargained for, the promise in the alternative is not considered as consideration.A more thorough explanation:
An alternative promise is a type of contractual promise where the promisor agrees to do one of two or more things, and any one of those things counts as consideration. For example, if a person promises to either mow their neighbor's lawn or clean their gutters, and the neighbor agrees to pay them for either task, that is an alternative promise.
According to the Restatement (Second) of Contracts, an alternative promise can be made because each of the alternative performances is desired by the promisee, or the promisor may reserve an alternative that they deem advantageous. In either case, the promise is considered consideration if it cannot be kept without some action or forbearance that would be consideration if it were separately bargained for.
For instance, if a person promises to either paint their friend's house or fix their car, and the friend agrees to pay them for either task, that is an alternative promise. If the promisor chooses to fix the car, they cannot do so without incurring expenses for parts and labor, which would be consideration if it were separately bargained for.