Define: Alternative Relief

Remedies sought in a lawsuit in various forms or in the alternative, such as a demand for specific performance of a contract or monetary damages to compensate for the failure to perform the obligation, or both.

Alternative relief refers to a legal remedy or solution that is sought by a party when the primary relief sought is not available or cannot be granted. It is an alternative option that can be pursued to address the underlying issue or provide some form of compensation or resolution.

In legal proceedings, alternative relief may be sought when the primary relief requested is not feasible due to various reasons such as legal constraints, lack of evidence, or impracticality. It allows the court or tribunal to consider alternative options that may still provide some form of justice or redress to the party seeking relief.

The concept of alternative relief is particularly relevant in cases where the primary relief sought is monetary compensation. If the court determines that the requested amount is excessive or cannot be awarded due to legal limitations, it may consider alternative relief options such as ordering specific performance, granting injunctive relief, or awarding nominal damages.

Modern rules governing pleading in courts now specifically permit a party to demand relief in the alternative. This eliminates the harsh consequences of the rule of common-law pleading that required a party to make one demand for one type of relief and to lose the case if a different remedy were more appropriate. Today, a party can ask for alternative forms of relief and recover what is later proved to be most appropriate at trial.

Alternative relief can also be sought in cases where the primary relief requested is not available under the applicable law. In such situations, the court may explore alternative legal theories or remedies that can still address the underlying issue or provide some form of relief to the aggrieved party.

It is important to note that alternative relief is not always guaranteed, and its availability and appropriateness depend on the specific circumstances of each case. The court or tribunal has discretion in determining whether alternative relief should be granted and what form it should take.

Overall, alternative relief serves as a means to ensure that parties have access to some form of remedy or resolution, even if the primary relief sought is not available or cannot be granted. It allows for flexibility in addressing legal disputes and promotes fairness and justice in the legal system.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.