Legal Definitions - disjunctive allegation

A disjunctive allegation refers to a statement made in a legal document, such as a complaint or an indictment, that presents two or more possibilities connected by the word "or." This type of allegation is problematic because it lacks specificity, making it unclear to the opposing party or the court precisely which specific fact or event is being asserted as true. For a legal claim to be properly understood and responded to, it must be clear and unambiguous, which disjunctive allegations often fail to be.

Here are some examples to illustrate this concept:

• Example 1 (Contract Dispute): Imagine a lawsuit where a company claims that a supplier "failed to deliver the ordered components on time or delivered components that were not up to specification."

  Explanation: This is a disjunctive allegation because it uses "or" to present two distinct reasons for the alleged breach of contract. The supplier doesn't know if the lawsuit is primarily about late delivery, defective products, or both, and which specific claim the company intends to prove. This lack of clarity makes it difficult for the supplier to prepare an effective defense, as they don't know the precise nature of the accusation.

• Example 2 (Personal Injury Claim): In a civil complaint, a plaintiff might allege that the defendant "negligently operated their vehicle or intentionally struck the plaintiff's car."

  Explanation: This statement is disjunctive because it combines two very different legal theories of liability: negligence (carelessness) and intentional tort (deliberate action). The legal elements and defenses for negligence are distinct from those for an intentional act. By using "or," the plaintiff fails to specify which type of conduct they are accusing the defendant of, making it challenging for the defendant to understand the specific legal basis of the claim and formulate a response.

• Example 3 (Criminal Indictment): A grand jury indictment might state that a defendant "stole the funds or embezzled them from the company account."

  Explanation: While both "stealing" and "embezzling" involve unlawfully taking money, they represent different legal definitions and circumstances. Stealing generally refers to taking property without permission, while embezzlement specifically involves a person entrusted with money or property fraudulently converting it for their own use. By using "or," the indictment leaves ambiguity as to the precise nature of the crime the defendant is accused of, which could impact the defendant's ability to prepare a defense and understand the specific charges against them.