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LSDefine

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.

alternative order | alternative relief

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General

General chat about the legal profession.
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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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