Legal Definitions - electio est debitoris

Electio est debitoris is a legal principle, primarily found in Scots law, which translates to "the debtor has the election or choice." This principle dictates that if a legal agreement or obligation provides multiple alternative ways for a debtor (the person who owes something) to fulfill their duty, it is the debtor who has the right to choose which method to use. The creditor (the person to whom the obligation is owed) must accept the debtor's chosen method, as long as it is one of the valid alternatives specified in the agreement.

• Example 1: Choice of Payment Method

  Imagine a small business owner owes a supplier for a bulk order. Their contract states that the payment can be made either by transferring the equivalent value in a specific type of raw material (e.g., 500 kg of steel) or by making a direct cash payment of $5,000. Under electio est debitoris, the business owner (the debtor) has the right to choose whether to deliver the steel or pay the cash to satisfy their obligation. The supplier (the creditor) must accept whichever option the business owner selects.

• Example 2: Choice of Service Performance

  Consider a landscaping company that has agreed to perform seasonal maintenance for a client. The contract specifies that the company can either provide weekly lawn mowing and garden upkeep throughout the summer, or they can offer a one-time comprehensive spring cleanup followed by monthly check-ups. The landscaping company (the debtor) can choose which service package to provide to fulfill their contractual obligation. The client (the creditor) cannot demand a specific package if both were presented as valid alternatives for the company to choose from.

• Example 3: Choice of Goods for Delivery

  Suppose a farmer has an agreement with a local bakery to supply a certain amount of produce. The agreement states that the farmer will deliver either 100 pounds of organic apples or 120 pounds of organic pears by a specific date. The farmer (the debtor) has the choice to deliver either the apples or the pears to fulfill their obligation to the bakery. The bakery (the creditor) must accept whichever fruit the farmer chooses to provide, as both options were part of the original agreement.