and/or

A concocted ambiguity. 17 Am J2d Contr § 283. Something of a monstrosity in the English language, used by draftsmen out of an over-abundance of caution. So indefinite as to render an administrative order inoperative or unenforceable for lack of certainty. 2 Am J2d Adm L § 462. The expression "and/or" has no proper place in a judgment. 30A Am J Rev ed Judgm § 58. Appearing in a pleading "and/or" has been characterized as an equivocal connective, being neither positively conjunctive nor positively disjunctive. 41 Am J1st PI § 43. Again, the use of the expression "and/or" in an indictment or information is condemned as destructive of the certainty, definiteness, and precision required in criminal pleading. 27 Am J1st Indic § 104. In statutes, however, the use of the expression "and/or" has been considered to have a significance, the view being that the intention of the legislature in using the expression is that the word "and" and the word "or" are to be construed as used interchangeably. 50 Am J1st Stat § 283. Such usefulness as there is in the use of the expression in a contract lies in its self-evident equivocality. The intention is that the one word or the other may be taken according as the one or the other will best effect the purpose of the parties as gathered from the contract taken as a whole. The term is used to avoid a construction which, by the use of a disjunctive "or" alone, would exclude the combination of several of the alternatives, or, by the use of the conjunctive "and" alone, would exclude the efficacy of any of the alternatives standing alone. 17 Am J2d Contr § 283. In an insurance policy, the expression "and/or" is to receive a liberal construction in favor of the insured, as is the rule in respect to any ambiguity. 29 Am J Rev ed Ins § 262. A negotiable instrument payable to "A and/or B" is payable in the alternative to A, or to B, or to A and B together. 11 Am J2d B & N § 117.