Legal Definitions - subsidiarie

Subsidiarily describes a situation where an obligation, responsibility, or action takes effect as a secondary or backup measure. It means that something applies or becomes relevant only if the primary or main arrangement proves insufficient, unavailable, or fails. It implies a contingent or supportive role, rather than a primary one.

• Example 1: Contractual Liability

  A contract for a large software development project specifies that the primary vendor is responsible for delivering the final product by a certain date. The contract also includes a clause stating that if the primary vendor fails to meet this deadline due to their own negligence, a backup vendor will be engaged to complete the remaining work, with the costs passed on to the primary vendor. In this scenario, the backup vendor's engagement is considered subsidiarily to the primary vendor's failure.

  Explanation: The backup vendor's role is secondary; their services are only called upon if the primary vendor fails to fulfill their main obligation, acting as a fallback to ensure project completion.

• Example 2: Government Funding

  A city council is primarily responsible for funding its local public library system through municipal taxes. However, if the city's tax revenues fall short due to an economic downturn, a state-level grant program is available to provide additional financial support. This state funding is provided subsidiarily to the city's primary funding efforts.

  Explanation: The state grant acts as a secondary source of funding, becoming available only when the primary funding mechanism (city taxes) is insufficient to meet the library's needs.

• Example 3: Estate Planning

  In a last will and testament, a person designates their eldest child as the primary executor of their estate. The will further stipulates that, subsidiarily, if the eldest child is unable or unwilling to serve as executor (for instance, due to illness or living abroad), then the second child should take on the role.

  Explanation: The second child's appointment as executor is a secondary arrangement, only coming into effect if the primary choice (the eldest child) cannot fulfill the duty.