Legal Definitions - disjunctive obligation

A disjunctive obligation is a legal duty where a party is required to perform one out of two or more specified actions, but not all of them. The obligation is fulfilled once any one of the designated actions is completed. The agreement or law typically specifies which party has the right to choose which action will be performed.

Here are some examples to illustrate this concept:

• Construction Contract: Imagine a contract for a home renovation where the contractor agrees to either "install custom-built bookshelves in the study" or "upgrade all bathroom fixtures to a premium line." The contract specifies that the homeowner has the right to choose which option the contractor must perform. This is a disjunctive obligation because the contractor is not required to do both; completing whichever option the homeowner selects will fully satisfy their contractual duty.

• Product Warranty: A manufacturer's warranty for a new appliance states that if the appliance fails within the first year due to a defect, the company will either "replace the appliance with a new model" or "refund the full purchase price." In this scenario, the manufacturer has a disjunctive obligation. Once they either provide a replacement or issue a refund, their obligation under the warranty is discharged, and they are not required to do the other.

• Loan Repayment Agreement: A debtor, facing financial difficulty, enters into an agreement with a creditor to settle an outstanding loan. The agreement stipulates that the debtor will either "pay a reduced lump sum of $15,000 within 60 days" or "transfer ownership of their vintage motorcycle to the creditor." The debtor is given the choice of which action to perform. This represents a disjunctive obligation because the debtor only needs to complete one of these two actions to fully satisfy their debt to the creditor.