Legal Definitions - modica differentia

Modica Differentia

Modica differentia is a Latin term used in Scots law to describe a minor or moderate difference between two things. This difference is noticeable but not substantial enough to fundamentally alter the nature, purpose, or value of the items or situations being compared. It refers to a slight variation, often in price, quality, or a specific characteristic, that does not change the core essence of an agreement or object.

• Example 1: Price Variation in a Sale

  Imagine a small business owner orders 100 custom-printed t-shirts from a supplier for an agreed price of $1,000. When the invoice arrives, the total is $1,005 due to a minor adjustment in the ink cost. This $5 difference would be considered a modica differentia. It's a slight variation in the final price that does not fundamentally change the agreement to purchase the t-shirts or the overall financial commitment, and it is unlikely to cause a dispute over the core contract.

• Example 2: Slight Deviation in Product Specification

  A homeowner commissions a custom-built bookshelf, specifying a particular shade of "antique white" paint. When the bookshelf is delivered, the paint color is a very slightly lighter shade of off-white than initially discussed, but it still blends seamlessly with the room's decor and is clearly within the "antique white" family. This minor color variation represents a modica differentia. While there is a difference from the original specification, it is moderate and does not affect the bookshelf's functionality, aesthetic appeal, or the overall intent of the custom order.

• Example 3: Minor Change in Service Delivery

  A company hires a cleaning service to clean their offices every Friday evening. One week, due to an unforeseen staff shortage, the cleaning service performs the cleaning on Saturday morning instead, completing all tasks to the usual standard before the office reopens on Monday. This shift in the cleaning schedule by a few hours, without any impact on the quality or availability of the office space, could be seen as a modica differentia. It's a moderate deviation from the agreed-upon timing, but it doesn't alter the core service provided or cause significant inconvenience to the client.