Legal Definitions - substitutional remedy

A substitutional remedy is a legal solution that involves replacing or substituting the original agreement or item with something else of equal value or benefit. This remedy is often used when the original agreement or item cannot be fulfilled or is no longer available.

• If a contractor fails to complete a construction project as agreed, the substitutional remedy may involve hiring a new contractor to finish the project.
• If a seller cannot deliver the specific item that was agreed upon in a contract, the substitutional remedy may involve providing a similar item of equal value.

These examples illustrate how a substitutional remedy can be used to provide a fair and equitable solution when the original agreement cannot be fulfilled. By replacing the original agreement or item with something of equal value or benefit, both parties can still receive what they were promised.