Legal Definitions - in genere

In genere refers to something that belongs to the same general class or type as another, but is not necessarily the exact same item. It implies a similarity in kind or nature, allowing for substitution with an equivalent item rather than an identical one.

Here are some examples to illustrate this concept:

• Imagine a contract where a farmer agrees to deliver 50 bushels of corn to a buyer. The farmer does not need to deliver specific bushels of corn that were perhaps set aside from a particular field. Instead, the farmer can deliver any 50 bushels of corn that meet the agreed-upon quality and grade. The corn is considered in genere because any 50 bushels of that type are acceptable, even if they aren't the exact ones originally contemplated, as long as they are of the same kind.

• Consider a situation where an investor lends 100 shares of Company A stock to another party. When the loan is repaid, the borrower is not required to return the identical share certificates they originally borrowed. Instead, they must return 100 shares of Company A stock of the same class and value. The shares are treated in genere because any 100 shares of that specific stock are considered equivalent for repayment purposes, belonging to the same class of financial asset.

• Suppose a construction company orders 1,000 standard red bricks for a project. If the supplier runs out of a specific batch of bricks but provides 1,000 identical red bricks from a different batch or manufacturer that meet the same specifications (size, color, strength), the order is still fulfilled. The bricks are considered in genere because they are of the same kind and quality, even if they are not the exact individual bricks originally intended for delivery.