§ 1448 Alternative Performance Rights

Civil Code·California

AI SummaryVerified

This law says if you have to choose between two things to do, you get to pick which one, unless the agreement says someone else picks.

Key Takeaways

•If you have to do one of two things, you usually get to choose which one.
•Check your agreement to see if it says someone else gets to pick.
•This rule has been around since 1872.

Example

You agree to pay someone either $100 or fix their bike.

You get to choose whether to pay the $100 or fix the bike, unless the agreement says the other person picks.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 1448 Alternative Performance Rights

If an obligation requires the performance of one of two acts, in the alternative, the party required to perform has the right of selection, unless it is otherwise provided by the terms of the obligation. (Enacted 1872.)

Last verified: January 9, 2026

Key Terms

obligation performance right of selection

References

Official text at leginfo.legislature.ca.gov
California Legislature. Civil Code. Section 1448.

Key Takeaways

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Key Terms

Related Statutes

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Key Takeaways

Example

Key Terms

Related Statutes

References