Also known as: in kind
Written by attorneys · grounded in primary & secondary sources — see below
A method of performance or remedy by which an obligation is satisfied through delivery or restoration of the identical property or asset rather than its monetary equivalent or a substitute form.
Harry borrowed the company skid-steer loader after hours to move his cousin's personal debris. When he backed the machine into Simon's parked car, the court examined whether the act counted as within employment scope. Because the nighttime personal errand differed in kind from authorized duties and lacked any purpose to serve the employer, the conduct fell outside the scope.
Renee and Katie held the converted warehouse as tenants in common. Renee asked the court to divide the building into physically separate parcels. The zoning rules and single soundstage layout made any physical split unusable for production purposes, so the court ordered a sale instead of partition in kind.
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Elle sued for the exact lost settlement amount stated in her complaint. After default she requested additional emotional distress damages and an injunction. The clerk could enter judgment only for the sum certain demanded in the pleadings and could not add relief different in kind.
A farm's negligent spraying created odors that reached public spaces. Heavy rains then caused lagoon overflows that produced a distinct fly infestation. The court treated the overflow as an intervening force that brought about harm different in kind from the original spraying effects.
Partners in a manufacturing firm asked for distribution of a unique piece of equipment rather than cash. Because the asset was not fungible and could not be divided into equal shares matching ownership percentages, the partnership refused any distribution other than money.
After dissolution the board arranged to sell specialized machinery that could not be split among shareholders. The corporation disposed of the property for cash because the assets were not suitable for distribution in kind to the owners.
A court prefers physical division but may order sale when land characteristics or legal constraints such as zoning make separate parcels unusable or unbuildable. The decision turns on whether a fair and equitable physical division can be accomplished.
A default judgment must not differ in kind from or exceed in amount the relief demanded in the pleadings. The clerk may enter judgment only for a sum certain. Any other relief must come from the court.
A partnership may distribute an asset in kind only if each part is fungible with every other part and each recipient receives a percentage equal in value to the person's share. Otherwise the recipient has no right to demand anything but money.
…that location near a railhead or harbor provided in the past. Congress might also have found these threats to be no different in kind from other threats that this Court has found within the commerce power, such as the threat that loan sharking poses to the "funds" of "numerous localities," Perez v. United States , 402 U.…