The difficulty of using the symbol “and/or” in a Contract or a Statement of Claim
This article aims to briefly examine the use of the symbol “and/or” in a contract or a statement of claim drafting and why this symbol should be avoided. It is said that by using the symbol, the draftsman is not clear as to the extent of its application to the subject they refer to. The voice from the bench clearly says “don’t use it” In common law jurisdictions, it was as early as 1855 that the courts expressed their disapproval of the use of “and/or” in drafting a contract. Alderson B in Cuthbert v Cumming (1855) 24 LJ Ex at 199 examined a contract that used and/or in its content. The contract on the face of the charter party was, that the parties were to “load a full and complete cargo of sugar, molasses, and/or other lawful produce” so that according to the contract, the parties were either to load a full and complete cargo of sugar and molasses, and other lawful produce, or a full cargo sugar and molasses, or a full cargo of other lawful produce, leav...