In relation to the law, the term ‘de minimis’ is taken from the extended latin phrase ‘de minimis non curat lex’, which translates to ‘the law cares not for small things’. De minimis is a legal principle which allows for matters that are small scale or of insufficient importance to be exempted from a rule or requirement. It can be used by the courts as an exclusionary tool to dismiss trivial matters from litigation.
Contracts often include de minimis provisions as preventative measures to limit the applicability of restrictions within a contract where a party’s failure to observe such restrictions only leads to a negligible or insignificant consequence. They can also be used to set a threshold for bringing claims under warranties, as a trigger for the right to recover a loss or damage under an indemnity or a right of reimbursement under expenses provisions.