PREMIUM LEGAL RESOURCES
ASK A LAWYER
A term in grammar used to designate particles which connect one word to another word or one proposition to another proposition.
There are many cases in law where the conjunctive 'and' is used for the disjunctive 'or' and vice versa.
An obligation is conjunctive when it contains several things united by a conjunction to indicate that they are all equally the object of the matter or contract. For example, if for a lawful consideration, I promise to deliver to you my copy of the Life of Washington, my Encyclopaedia, and my copy of the History of the United States, I am then bound to deliver all of them and cannot be discharged by delivering one only.
There are as many separate obligations as there are things to be delivered and the obligor may discharge himself pro tanto by delivering either of them, or in case of refusal the tender will be valid. It is presumed, however, that only one action could be maintained for the whole. But if the articles in the agreement had not been enumerated; I could not deliver one in discharge of my contract without the consent of the creditor.