Form Over Substance
/ˈfɔːrm ˌoʊvər ˈsʌbstəns/
Definitions
- (n.) A legal doctrine prioritizing the literal form of a transaction over its actual substance or intent, often to uphold formal compliance or prevent evasion of law.
The court applied form over substance to uphold the contract despite underlying irregularities.
Forms
- form over substance
Related terms
See also
Commentary
Use cautiously; modern courts often prefer substance over form to prevent unjust outcomes, but formalism may still apply in certain statutory or regulatory contexts.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.