A contract in which the performing party may elect to perform one of two or more specified acts to satisfy the obligation; a contract that provides more than one way for a party to complete performance, usu. permitting that party to choose the manner of performance. — Also termed alternative-methods-of-performance contract. [Cases: Contracts 172. C.J.S. […]
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alternative contract 选择性合同 当事人可以依对方当事人的要求从数种行为中择一作为合同的履行。
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alternative-methods-of-performance contract. See alternative contract under CONTRACT.
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A contractual promise to do one of two or more things, any one of which qualifies as consideration.
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private judging. A type of alternative dispute resolution whereby the parties hire a private individual to hear and decide a case. • This process may occur as a matter of contract between the parties or in connection with a statute authorizing such a process. — Also termed rent-a-judging. “In contrast [to arbitration], private judging is
A type of alternative dispute resolution whereby the parties hire a private individual to hear and decide a case. • This process may occur as a matter of contract between the parties or in connection with a statute authorizing such a process. — Also termed rent-a-judging.
quantum meruit (kwon-t[schwa]m mer-oo-it). [Latin “as much as he has deserved”] 1. The reasonable value of services; damages awarded in an amount considered reasonable to compensate a person who has rendered services in a quasi-contractual relationship. 2. A claim or right of action for the reasonable value of services rendered. [Cases: Implied and Constructive Contracts
design defect. An imperfection occurring when the seller or distributor could have reduced or avoided a foreseeable risk of harm by adopting a reasonable alternative design, and when, as a result of not using the alternative, the product or property is not reasonably safe. [Cases: Products Liability 11. C.J.S. Products Liability §§ 19–21.] fatal defect.
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stop-notice statute. A law providing an alternative to a mechanic’s lien by allowing a contractor, supplier, or worker to make a claim against the construction lender and, in some instances, the owner for a portion of the undisbursed construction-loan proceeds. See mechanic’s lien under LIEN. [Cases: Mechanics’ Liens 113, 115. C.J.S. Mechanics’ Liens §§ 117,
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no-right, n. The absence of right against another in some particular respect. • A no-right is the correlative of a privilege. — Also termed liability. “A says to B, ‘If you will agree to pay me $100 for this horse you may have him and you may indicate your agreement by taking him.’ This is