Also known as:incrementum · incrementals · increment · increase
Written by attorneys · grounded in primary & secondary sources — see below
A process or change occurring in small successive steps or increments rather than all at once. This quality often determines whether a modification crosses a legal threshold for materiality, prejudice, or impropriety.
Sources & Authorities
How it applies
Common Examples
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Rule 11 Filing Raises Litigation Costs
Ike Ingram files a motion in federal court that adds only a few hours of discovery and one extra hearing. The court finds the motion was presented to cause unnecessary delay and needlessly increase the cost of litigation through these incremental burdens.
Attempt Abandoned Before Completion
Isabelle Inman begins to solicit an innocent agent for a theft but stops after taking only the first preparatory step. Because the renunciation is complete and voluntary, the incremental progress toward the crime does not support attempt liability.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Study Supplements
Imran Iyer attempts to assign a contract right that would require the obligor to perform additional inspections each month. The substitution creates an incremental increase in the obligor's burden that materially changes the duty and prevents the assignment.
Assignment Increases Buyer's Risk
Iain Irons assigns rights under a sales contract to a buyer with a substantially higher credit risk. The assignment would materially increase the seller's burden through incremental collection efforts, so the assignment is barred under the UCC.
Share Dividend Requires Amendment
Iris Energy's board approves a share dividend that requires an incremental increase in authorized shares. The corporation must amend its articles under the model act to permit the issuance.
Discovery Request Increases Costs
Icarus Aviation serves a discovery request that adds only modest additional document review. The court finds the request was interposed for an improper purpose to cause unnecessary delay and needlessly increase the cost of litigation through these incremental expenses.
Common questions
Frequently Asked
3
How does an incremental change affect a materiality analysis in contract disputes?+
An incremental change in performance or burden is weighed against whether money damages can adequately compensate the injured party. When the shortfall consists only of incremental sorting labor or modest yield loss, the breach is typically nonmaterial.
When does an incremental increase in authorized shares require a corporate amendment?+
An incremental increase in authorized shares requires an amendment when it is necessary to permit issuance of shares as a share dividend under the model business corporation act.
Does an incremental rise in litigation costs violate Rule 11 or Rule 26?+
Yes, when a filing or discovery request is presented for the improper purpose of causing unnecessary delay or needlessly increasing the cost of litigation through incremental burdens.
576 U.S. 644 (2015)Legislation and Regulation
…left men insecure in their persons and property, they entered civil society, trading a portion of their natural liberty for an increase in their security. See id. , §97, at 49. Upon consenting to that order, men obtained civil liberty, or the freedom “to be under no other legislative power but that established by consent…