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When To Use "Or /And" In Legal Writing?


The use of the term and/or is pervasive in legal language. Lawyers use it in all types of legal contexts — including statutes, contracts, and pleadings. Beginning in the 1930s, however, many decided that the term and/or should never be used in legal drafting.


Although there is support for “and/or,” the weight of authority is against its use, primarily for two reasons:

(i) its use can result in uncertainty,

(ii) it is not a real word.

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