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Legal Definitions - disjunctive obligation

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Definition of disjunctive obligation

Definition: A disjunctive obligation is a type of obligation where the obligor has a choice between two or more ways to fulfill their duty. It is also known as an alternative obligation.

Example: A contract may require the obligor to deliver a product to the obligee by a certain date, or to pay a penalty if they fail to do so. In this case, the obligor has a choice between delivering the product or paying the penalty.

This example illustrates a disjunctive obligation because the obligor has a choice between two ways to fulfill their duty. They can either deliver the product or pay the penalty, but they do not have to do both.

A good lawyer knows the law; a great lawyer knows the judge.

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Simple Definition

A disjunctive obligation is when someone has to do one of two things, but they get to choose which one. For example, if someone has to either clean their room or do the dishes, but they get to choose which one they do, that's a disjunctive obligation. It's different from an absolute obligation, where there's only one thing that has to be done, and an alternative obligation, where both things have to be done.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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A good lawyer knows the law; a great lawyer knows the judge.

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