ALTERNATIVE

One or the other of two things; giving an option or choice; allowing a choice between two or more things or acts to be done. Alternative contract. A contract whose terms allow of performance by the doing of either one of several acts at the election of the party from whom performance is due. Crane v. Peer, 43 N/J. Bq. 553, 4 Atl. 72. Alternative obligation. An obligation allowing the obligor to choose which of two things he will do, the performance of either of which will satisfy the instrument. Where the things which form the object of the contract are separated by a disjunctive, then the obligation is alternar ttve. A promise to deliver a certain thing or to pay a specified sum of money, is an example of this kind of obligation. Civil Code La. art. 2066. Alternative remedy. Where a new remedy is created in, addition to an existing one, they are called “alternative” if only one can be enforced ; but if both, “cumulative.” Alternative writ. A writ commanding the person against whom it is issued to do a specified thing, or show cause to the court why he should not be compelled to do it. Allee v. McCoy, 2 Marv. (Del.) 465, 36 Atl. 359.