Immaterial variance refers to a minor discrepancy between the claims made in legal pleadings and the evidence presented in court. This type of variance is so insignificant that it does not mislead the opposing party. Essentially, it means that the differences are not substantial enough to affect the outcome of the case.
Immaterial variance is often encountered in civil litigation, particularly in cases involving contracts, torts, or other allegations where precise wording is crucial. It is relevant in situations where a party's legal arguments may not perfectly align with the evidence but do not mislead the opposing party. Users can manage some aspects of these cases using legal templates from US Legal Forms, which can help ensure that pleadings are properly drafted to avoid unnecessary complications.
Here are a couple of examples of abatement:
Example 1: A plaintiff files a lawsuit claiming damages for a car accident that occurred on January 5, but the evidence shows the accident happened on January 6. This difference in date is an immaterial variance, as it does not affect the fundamental facts of the case.
Example 2: A defendant is accused of breaching a contract for the sale of "ten widgets," but the evidence shows the sale was for "ten items." This slight difference in wording does not mislead the plaintiff and is considered immaterial. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Notes |
|---|---|
| California | Immaterial variance is recognized in civil cases, allowing for minor discrepancies in pleadings. |
| New York | Similar principles apply, but courts may scrutinize variances more closely in certain contexts. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Material variance | A significant discrepancy that affects the case outcome. | Material variance can lead to dismissal or a retrial, unlike immaterial variance. |
| Allegation | A claim made in a legal document. | An allegation can be affected by variance, but not all allegations result in variance. |
If you believe your case involves immaterial variance, consider reviewing your pleadings and evidence carefully. Ensure that any discrepancies are minor and do not mislead the other party. You can explore US Legal Forms for templates that can assist you in drafting clear legal documents. If the situation is complex or you are unsure, seeking professional legal assistance may be beneficial.
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Immaterial variance is a minor discrepancy between legal pleadings and evidence that does not mislead the opposing party.