Legal Definitions - plus factor

A plus factor refers to a specific piece of evidence or a particular circumstance that, when present, significantly strengthens the argument that a certain legal requirement or standard has been met. It's not always a standalone decisive element, but it adds considerable weight and credibility to a claim or a finding in a legal case, helping to satisfy a specified legal test.

• Example 1: Establishing a Contract

  Imagine two business partners are discussing a new venture. While they verbally agree on many terms, they also take the additional step of hiring a lawyer to draft a formal, detailed written agreement, which they both sign. In a dispute over whether a legally binding contract exists, the act of hiring a lawyer and signing a formal document, even if not strictly necessary for contract formation in all cases, serves as a strong plus factor. It clearly indicates their serious intent to be legally bound by the terms, supporting the conclusion that a contract was formed.

• Example 2: Proving Collusion in Antitrust Law

  Consider a situation where several competing companies in a particular industry simultaneously and drastically raise their prices for the same product by the exact same percentage within a very short timeframe, despite no apparent change in their costs or market demand. While parallel pricing alone isn't always proof of illegal collusion (price-fixing), these sudden, identical, and unexplained price increases across competitors act as a plus factor. This circumstance strongly supports the inference that there was an underlying agreement or coordination, rather than independent business decisions, thus helping to satisfy the legal test for illegal collusion.

• Example 3: Determining Child Custody

  In a child custody dispute, a court must decide which parent can provide a more stable and nurturing environment for the child. One parent consistently demonstrates active involvement in the child's schooling, attends all parent-teacher conferences, and has established a stable home environment in the same school district for several years. The other parent, however, has frequently moved and shown inconsistent engagement with the child's education. The first parent's consistent involvement in schooling and stable living situation are plus factors that strongly support the argument that they can provide a more stable and nurturing environment. These facts add significant weight to their claim of being the better custodial parent, helping the court satisfy the "best interests of the child" legal test.