Also known as: in lieu · instead of · in place of
Written by attorneys · grounded in primary & secondary sources — see below
An alternative or substitute for something else. The phrase signals replacement or exchange in place of the original item or action.
Isabella Ingram defaults on her mortgage to Infinity Bank. Rather than forcing a foreclosure sale, she voluntarily conveys the house to the bank. The transfer satisfies the debt and ends the mortgage without court proceedings.
Ian Iverson hires a lawyer for his divorce. The lawyer proposes a fee paid only if the court awards a large property division. The arrangement violates professional conduct rules because the fee depends on the amount of the property settlement.
India Inoue and Isaiah Ishikawa own a parcel as tenants in common. A court finds that zoning rules prevent dividing the land into usable parcels. The court orders a sale and divides the proceeds rather than attempting an in-kind partition.
Select any source to read its text and confirm it supports the definition.
During grand jury proceedings one juror becomes ill. The court excuses the juror permanently and seats an alternate to continue service without restarting the investigation.
Ironclad Industries needs to elect directors. Instead of calling shareholders to an annual meeting the board obtains written consents from enough shareholders to complete the election under the statute.
Ingrid Innes damages a valuable fixture attached to Integrity Partners' land. The owner elects to recover the loss in value to the fixture itself rather than the reduction in overall land value.
No. The phrase simply denotes substitution. Some legal rules require the substitution to be voluntary and supported by consideration, while others permit substitution by court order or statute without those limits.
A deed in lieu transfers title directly from mortgagor to mortgagee to satisfy the debt. Foreclosure involves a sale or judicial process that terminates the equity of redemption. The deed avoids the sale but still requires voluntariness and may affect junior liens differently.
No. Professional conduct rules prohibit any fee contingent on securing a divorce or on the amount of alimony, support, or property settlement in lieu of those awards.
A court may order sale when physical division is impractical or inequitable because of land characteristics or legal constraints such as zoning that would render separate parcels unusable.
…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…