Legal Definitions - secondary consideration

A secondary consideration refers to a factor or element that is taken into account during a decision-making process, but which holds less weight or importance compared to the primary or most crucial factors. While not decisive on its own, a secondary consideration can influence the final outcome, especially when primary factors are closely balanced or when it helps to refine a choice.

Here are some examples illustrating the concept of a secondary consideration:

• Example 1: Choosing a New Office Location for a Business

  When a company is looking for a new office space, the primary considerations might be the monthly rent, the total square footage, and the accessibility for employees via public transport. A secondary consideration could be the presence of a popular coffee shop or a gym within walking distance. While these amenities might improve employee morale and convenience, they would likely not be the deciding factors if the rent was too high or the space too small. However, if two locations were equal on all primary considerations, the presence of these desirable secondary amenities might tip the scales.

• Example 2: A Judge's Sentencing Decision in a Criminal Case

  In a criminal sentencing, a judge's primary considerations typically include the severity of the crime committed, the defendant's prior criminal record, and the impact on the victim. A secondary consideration might be the defendant's participation in community service before the trial, their expressed remorse, or their family responsibilities. While these factors might influence the judge to impose a slightly lighter sentence within the permissible range, they would not override the seriousness of the offense or a long history of violent crime. They serve to refine the sentence rather than dictate it.

• Example 3: Selecting a Vendor for a Large IT Project

  A company hiring an external vendor for a major IT system upgrade would have primary considerations such as the vendor's proven track record, the proposed cost, and their technical expertise in the specific software required. A secondary consideration might be the vendor's commitment to using environmentally friendly practices or their willingness to offer a small discount on future maintenance contracts. While these aspects are positive, they would not be sufficient to choose a vendor that lacked the necessary technical skills or whose bid was significantly higher. They become relevant when comparing vendors who are otherwise strong contenders on the primary criteria.