Also known as: in-lieu · in lieu of · instead of
Written by attorneys · grounded in primary & secondary sources — see below
A phrase used to indicate that one thing is provided or done as a substitute for another. The phrase signals replacement of an expected or required item or action with an alternative that satisfies the underlying obligation or purpose.
Ian Iverson defaulted on his mortgage held by Island Manufacturing. Rather than face foreclosure proceedings, Ian executed a deed transferring the property directly to Island Manufacturing. The transfer satisfied the debt and ended the mortgage without court involvement.
Irene Ingalls retained counsel in her dissolution proceeding. The lawyer proposed a fee payable only if a property settlement was obtained. The arrangement violated the prohibition on contingent fees tied to the amount of alimony or a property settlement obtained in lieu of alimony.
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Ivy Ibarra and Israel Irving owned land as tenants in common. Physical division was impossible because of zoning rules that rendered separate parcels unusable. The court ordered a sale of the entire parcel and division of proceeds in lieu of partition in kind.
Ideal Solutions needed to elect directors. Instead of convening shareholders at the annual meeting required by the bylaws, the board obtained written consents from all shareholders. The consents satisfied the annual election obligation without an in-person gathering.
India Inoue owned land with a removable barn that was damaged by a trespasser. She elected to recover the loss in value to the barn itself. The recovery was measured by the barn's diminished worth in lieu of calculating harm to the land as a whole.
Ira Irving's will left a specific bequest to a beneficiary who predeceased him. The will expressly directed that any lapsed nonresiduary devise pass under the residuary clause. The residuary clause therefore operated as an alternative devise in lieu of the failed specific gift.
A deed in lieu transfers title to the mortgagee in satisfaction of the debt and discharges the mortgage. Whether it also extinguishes personal liability depends on the agreement and jurisdiction. Courts examine the transaction for voluntariness and fairness.
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Model Rule 1.5(d)(1) bars any fee in a domestic relations matter whose payment or amount is contingent on securing a divorce or on the amount of alimony, support, or a property settlement obtained in lieu of those items. The prohibition prevents conflicts that could distort the lawyer's advice on settlement versus litigation.
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Partition in kind is preferred, but a court may order sale and division of proceeds when physical division is impossible or inequitable. Zoning restrictions or other legal constraints that render separate parcels unusable justify ordering a judicial sale in lieu of physical division.
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…401 U. S. 66 (1971), compels the conclusion that the District Court erred when it granted declaratory relief to Dr. Hallford instead of refraining from so doing. The court, of course, was correct in refusing to grant injunctive relief to the doctor. The reasons supportive of that action, however, are those expressed in…