Also known as: substitutes · substituted · substituting · substitution · substitutions · substitutional · substitutionary · substitution doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A replacement person, right, performance, or entity that assumes the position or function of another in a legal relationship or proceeding.
Synergy Systems assigned its right to receive payment from Stonehaven Properties to Sentinel Security. Stonehaven Properties showed that the assignment would require it to deal with a new party whose demands would increase its administrative costs and risk of nonperformance. The court held the assignment invalid because the substitution materially increased the burden on the obligor.
Congress created a military commission process for aliens detained as enemy combatants. The process did not permit detainees to introduce newly discovered exculpatory evidence or to challenge the factual basis for indefinite detention. The Court ruled that the process failed to provide a meaningful substitute for habeas corpus review.
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Spencer Silver conveyed land to his daughter for life with remainder to her issue or, if none, back to Silver's heirs. The conveyance created a fee tail in favor of the daughter's issue under the modern statute substituting for fee tail estates. The court recognized the substituted estate in the issue as valid.
Silverline Industries leased space from Sentinel Security. After the landlord defaulted on repairs, the tenant incurred extra costs to rent substitute premises while the default continued. The court awarded the tenant the reasonable additional costs of the substituted premises as damages.
Santiago Sanchez's will devised property to his brother who predeceased him. The antilapse statute directed the property to the brother's surviving descendants as substitute takers. The court applied the statute and awarded the property to the descendants rather than allowing lapse.
Synergy Systems amended its articles to change its name by substituting the word 'corporation' for 'systems' and adding a geographical attribution. The amendment complied with the statutory procedure for name changes through substitution. The secretary of state accepted the filing without further action.
An assignment fails when substitution of the assignee for the assignor would materially change the obligor's duty, increase the burden or risk, impair the chance of return performance, or reduce the value of the performance. The rule protects the obligor from unexpected alterations in the contractual relationship.
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A substitute process is inadequate if it does not allow detainees to challenge the authority for indefinite detention, contest fact-finding, introduce post-proceeding exculpatory evidence, or seek release. The substitute must provide meaningful review comparable to habeas corpus.
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Antilapse statutes provide that a devise to a predeceasing relative passes to the relative's surviving descendants as substitute takers. The rule is a rebuttable construction that prevents lapse when the testator's likely intent favors the descendants.
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A tenant may recover reasonable additional costs of substituted premises when the landlord defaults and the lease is not terminated. The recovery continues while the default persists and compensates for the tenant's mitigation efforts.
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A corporation may substitute words such as corporation, incorporated, company, or limited, or their abbreviations, for similar terms in its name. It may also add, delete, or change a geographical attribution without broader amendment procedures.
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…impossible to justify under that standard, and the conscious weighing of competing factors that the Court's opinion apparently substitutes for the established test is far more appropriate to a legislative judgment than to a judicial one. The Court eschews the history of the Fourteenth Amendment in its reliance on the…