Close
By R. Jayabalan
Solicitors love to use the conjunction “and/or” in their pleadings and other cause papers. Mostly when they are unsure and so as to be cautious. How does the court look at this “and/or”?
Well, interestingly, the court has referred to “and/or” as ‘bastard conjunction’. In Bonitto v. Fuerst Bros & Co Ltd [1944] 1 All ER 91 at 92, it was said this bastard conjunction has become the Commercial Court’s contribution to Basic English.
The use of ‘bastard conjunction’ is to be discouraged and generally disapproved by writers on drafting. Why? Because the device “and/or” is an “embarrassing expression which endangers accuracy” – see Canberra Data Centres v. Vibe Constructions [2010] ALR, vol 266, 33 at 45, SC.
R. Jayabalan
MESSRS R. JAYABALAN
R. Jayabalan © | All Rights Reserved