incidental

Legal TerminologyLegal glossary term

Legal Definition

In a legal context, 'incidental' refers to an event or consequence that occurs alongside the main action or agreement, often being secondary or less significant than the primary obligation. It denotes something that happens by chance or as a byproduct of a primary action.

Plain-English Translation

Imagine you are doing one thing, and something happens along with it that is not the main thing, like an extra little side effect or a small consequence that comes up during the main event.

Context in Contracts

It matters because it clarifies what is an unavoidable or peripheral consequence of a main legal action, ensuring that the scope of the primary obligation does not include unintended or secondary effects.

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01

The failure to meet a specific deadline might be considered an incidental consequence of the main breach.

02

A claim where the direct liability is separated from the costs or damages that arise incidentally.

Document context

How incidental shows up in legal documents

What is it?

A circumstance or event that occurs by chance or as a secondary result of a primary action or obligation. In contract law, it often refers to something that happens alongside the core agreement or duty.

Why does it matter?

It matters because it clarifies what is an unavoidable or peripheral consequence of a main legal action, ensuring that the scope of the primary obligation does not include unintended or secondary effects.

When does it matter?

When discussing the consequences arising from a contract breach, a litigation outcome, or when detailing ancillary obligations within a formal legal document.

Where is it usually seen?

In legal briefs, settlement agreements, and statutes where the scope of liability is being defined by separating direct claims from incidental ones.

Who is affected?

Affected parties, such as the plaintiff or defendant, who need to clearly delineate what part of the overall action is directly attributable versus what is merely an incidental outcome.

How does it work?

It works by distinguishing between the core legal duties and the secondary, often less critical, outcomes that arise from the primary obligations.

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Wikipedia

Incidental

Incidental(s) may refer to: Incidentals, incidental expenses Incidentals (album)

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