The paper is concerned with a scalar conservation law with discontinuous gradient-dependent flux. Namely, the flux is described by two different functions or , when the gradient of the solution is positive or negative, respectively. We study here the unstable case where for all . Assuming that both and are strictly convex, solutions to the Riemann problem are constructed. Even for a smooth initial data, examples show that the Cauchy problem can have infinitely many solutions. For an initial data which is piecewise monotone, i.e., increasing or decreasing on a finite number of intervals, a solution can be constructed globally in time. It is proved that such solution is unique under the additional requirement that the number of interfaces, where the flux switches between and , remains as small as possible.

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