Surplusage can be defined as words, phrases or statements not necessary for the intended purpose of a document, such as a contract or other legal document. These would be superfluous words that, while true, have no particular legal effect. As such, they can be legally disregarded.
What Is an Example of Surplusage?
When writing a contract, a business person might include a statement such as “This document is to be considered binding between the two parties involved” that is surplusage as this is implied in any legal agreement. Another example would be including additional clauses in a lease agreement about snow removal or landscaping when these services are not part of the agreement.
Why It Is Important to Avoid Surplusage in Contracts and Other Legal Documents?
Including unnecessary words or phrases in a contract, agreement or other legal document can potentially result in ambiguity or confusion. This could lead to misinterpretation, resulting in disputes or legal action. Additionally, when making an argument in court, having a document that is concise and to the point is crucial. Surplusage can muddy the waters and make it difficult to make a clear and concise argument.
What Is the Difference Between Surplusage and Obiter Dictum?
Surplusage and obiter dictum are often mistaken for one another, however, they are distinct. Obiter dictum, which roughly translates to “other sayings”, are comments, not related to the opinion written in a court document, but are expressions of opinion made by a judge when deciding a case. As such, they cannot be used to form a binding precedent. Surplusage can be disregarded because they are understood to have no legal effect.
Conclusion
Surplusage in business and legal documents must be avoided as they can be legally disregarded and potentially lead to confusion and misinterpretation. Additionally, it is important to note the difference between surplusage and obiter dictum. Taking the time to write clearly and concisely is crucial for any business professional using legal documents.