Legal Definitions - accidentalia

Accidentalia refers to specific terms or conditions within a contract that are not fundamental or essential for the contract to exist, but which the parties involved have expressly agreed upon and included. These are additional details or stipulations that customize the agreement beyond its core requirements.

• Example 1: Custom Software Development

  Imagine a contract between a small business and a software development firm to create a new inventory management system. The essential terms would cover the software's core functions (tracking stock, managing orders), the price, and the delivery timeline. However, the contract might also include an accidentalia term stating, "All source code must be delivered with detailed comments in English, following industry-standard documentation practices." While the software would still function without this specific documentation requirement, the parties expressly stipulated it as an important, non-essential detail.

• Example 2: Purchase of Specialized Equipment

  Consider a manufacturing company purchasing a new, high-precision machine from a supplier. The essential terms would include the machine's specifications, the purchase price, and the delivery date. An accidentalia term might be, "The supplier agrees to provide two weeks of on-site training for the buyer's technicians, to be scheduled within one month of installation." The sale of the machine itself is the core of the contract; the training, while valuable, is an additional, non-essential service that the parties specifically negotiated and agreed to include.

• Example 3: Event Planning Services

  A client hires an event planner to organize a corporate gala. The essential terms would involve the date, venue, number of guests, and the overall budget for the event. An accidentalia term could be, "All floral arrangements must exclusively feature locally sourced, seasonal flowers, and be composted by the planner after the event." The gala could still proceed with any type of flowers, or without a composting agreement, but the client specifically requested and the planner agreed to these particular, non-essential conditions.