The term “more or less” in legal and contractual contexts refers to an approximation that allows a contract to remain valid even if the exact quantity or dimension specified is not met. This principle ensures that minor deviations from the stipulated amount or size do not render the contract void.
Application in Land Description
One common application of “more or less” is in the description of land. For example, a parcel of land may be described as being “100 acres, more or less.” This means that the contract still holds if the actual size of the land parcel is slightly more or slightly less than 100 acres.
- Example: If the actual measurement shows that the land is 99.5 acres or 100.5 acres, the contract remains enforceable.
Legal Context and Implications
The “more or less” clause is often included to avoid disputes over small discrepancies that naturally occur in measurements. In legal practice, this concept is accepted to cater to the inherent uncertainties in exact measurements.
Special Considerations
- Acceptable Variance: The allowable variance typically depends on the jurisdiction and specific context of the contract.
- Good Faith: Both parties must act in good faith, ensuring the variance is minor and not substantial to the point that it could be considered misleading or fraudulent.
Historical Context
The usage of “more or less” in contracts has its roots in common law, where the courts have historically acknowledged the impracticality of requiring absolute precision in contracts involving physical measurements.
FAQs
How much variance is considered acceptable in a 'more or less' clause?
Can 'more or less' apply to contracts involving quantities of goods?
Does the 'more or less' clause protect against significant differences?
Related Terms
- Tolerance: The permissible limit of variation in a physical dimension or measured value.
- Contingency Clause: Provisions in a contract that specify certain conditions that must be met for the contract to be valid.
- Good Faith: The honest intention to act without taking an unfair advantage over another party in a contract.
Summary
The “more or less” approximation in contracts is a practical legal concept that accommodates slight variances in specified quantities or dimensions, ensuring that minor differences do not invalidate agreements. This principle promotes good faith and practicality in contractual relationships, especially where exact measurements are challenging to achieve.
By understanding and utilizing the “more or less” clause, parties can mitigate disputes and ensure smoother execution of contracts, especially in fields such as real estate and goods delivery.
