Legal Definitions - common substitution

Common substitution refers to the routine or expected act of replacing one item, person, or provision with another. This typically occurs when the original becomes unavailable, unsuitable, or when an alternative is mutually agreed upon. The process usually happens without fundamentally altering the core agreement, legal relationship, or overall intent, and is a standard practice for managing changes within various legal frameworks.

Here are some examples to illustrate this concept:

• Commercial Contracts: Imagine a construction company that has a contract to use a specific brand of steel beams for a project. Due to unexpected supply chain disruptions, that particular brand becomes unavailable. The supplier then offers an alternative brand of steel beams that meets all the original specifications for strength, size, and quality. If the construction company agrees to this change, it's a common substitution because the essential terms of the contract (providing steel beams of a certain quality) are still met, even though the exact brand has been replaced.

• Estate Planning: Consider a will that specifies a particular antique grandfather clock should be inherited by a grandchild. However, before the will-maker passes away, the clock is accidentally damaged beyond repair. If the will includes a clause stating that if a specific item is no longer available, a cash equivalent or another item of similar value should be provided instead, then providing that alternative would be a common substitution. It ensures the will-maker's general intent to benefit the grandchild is fulfilled, despite the loss of the original item.

• Legal Representation: A client hires a law firm to handle their divorce case, and a specific associate attorney is initially assigned to their file. After a few months, that associate attorney decides to leave the firm for another opportunity. The firm then reassigns another equally qualified and experienced attorney from their team to take over the client's case. This is a common substitution of legal counsel within the firm, as the client's representation by the firm continues without interruption, and the replacement of the individual attorney is a routine administrative adjustment.