In alternatives, the debtor has the election.

Explanation

(English-origin maxim.) When a debt may be satisfied in alternative ways, the choice of method belongs to the debtor, not the creditor — the obligor selects which performance to render.

Where this applies

• A debtor owes $5,000 and the contract says he may pay in cash or by transferring a piece of equipment of equal value — the debtor gets to choose which method of payment to use.
• A tenant's lease says she may satisfy her security deposit either by cash or by a surety bond — the choice belongs to the tenant, not the landlord.
• A settlement agreement allows the defendant to pay damages either in a lump sum or in monthly installments — the debtor picks the option.