Efflux & Afflux

Efflux (pronounced ef-luhks)

(1) Outward flow, as of water.

(2) Something that flows out; effluence.

(3) A passing or lapse of time.

(4) A passing away; expiration; ending.

(5) Death (obsolete).

1635–1645: From the Medieval Latin effluxus, noun use of past participle of effluere (to flow out), from effluō (flow out or away), the construct being ef- (an alternative form of ex- (out of; from) used when combined with f-initial words)) + fluc- (a variant stem of fluere (to flow) from fluō (flow) + -sus, (for -tus;suffix of action).  The synonyms (in the sense of “the process of flowing out”) include outflow, effluxion & effluence; the antonyms is influx (in the sense of “the process of flowing in”).  The present participle is effluxing, the simple past and past participle is effluxed and the plural is effluxes.

Afflux (pronounced af-luhks)

(1) Something that flows to or toward a point.

(2) The act of flowing to or toward; flow.

(3) In medicine, a flowing towards an area, especially of blood or other fluid toward a body part such as the brain or lung.

(4) In hydrology, the rise in water level (above normal) on the upstream side of a bridge or obstruction caused when the effective flow area at the obstruction is less than the natural width of the stream immediately upstream of the obstruction.

1605–1615: From the Medieval Latin affluxus (the flow of blood from the heart to part of the body), from afflūxum (supine of affluō (to flow towards)), noun use of past participle of affluere (present active infinitive of affluō), from fluxus (flux), from fluō (flow) +‎ -tus (the action noun-forming suffix).  The most common related forms in Latin were affluĕre & affluxum.  The plural is affluxes.

The phrase “effluxion of time” is used often as a fancy way to say “the passing of time” but it has a specific technical meaning in law, most often seen in contracts such as leases.  When used in conveyances, leases and similar deeds, it indicates the conclusion or expiration of an agreed length of time specified in the deed or writing, such conclusion or expiration arising in the natural course of events, as opposed to the sundering of the term by the acts of (at least one of the) the parties or by some unexpected event.  This phrase can be used also to indicate the conclusion or expiration of an agreement in simple writing when the conclusion or expiration occurs through a natural course of events.

As nouns the difference between affluxion and effluxion is that affluxion is the act of flowing towards and effluxion the process of flowing out.  The distinction is an important one in the technical language of disciplines such as pathology, hydrology, medicine and others who deal with specifics of fluid dynamics but in the matter of time they should be interchangeable (and therefore one should be unnecessary).  Despite the suggestions of cosmologists, theoretical physicists and other specialists that other possibilities exist, lawyers insist time is lineal, flows in one direction and is, for all legal purposes, constant.  The phrase “effluxion of time” would therefore appear to cover all circumstances but “affluxion of time” does exist in the legal record.  It appears to be a North American variant, noted in at least three examples, two from a lease and a option plan, both apparently drafted in the US, the third appearing in a consulting agreement, executed in Canada. 

Notwithstanding anything herein contained, the Landlord shall be under no obligation to repair or maintain the Tenant’s installations, alterations, additions, partitions and fixtures or anything in the nature of a leasehold improvement made or installed whether by the Tenant or by the Landlord on behalf of the Tenant; and further, notwithstanding anything herein contained, the Landlord shall have the right upon the termination of this Lease by affluxion of time or otherwise to require the Tenant to remove its installations, alterations, additions, partitions and fixtures or anything in the nature of a leasehold improvement made or installed by the Tenant or by the Landlord on behalf of the Tenant and to make good any damage caused to the Leased Premises by such installation or removal.

“Vested” shall mean, in relation to all or any part of the option, as appropriate, when any relevant condition (including, for the avoidance of doubt, the affluxion of time) has been satisfied, as confirmed by the Board of Directors (or, where relevant, waived) and “Vesting” and “Vest” shall be construed accordingly. For the avoidance of doubt, unless stated otherwise, any part of the option which Vests does not automatically become exercisable.

In the event this Agreement is terminated for any reason whatsoever, whether by affluxion of time or otherwise, the Consultant shall forthwith upon such termination return to the Corporation each and every copy of any Confidential Information (including all notes, records and documents pertaining thereto) in the possession or under the control of the Consultant at that time.

An analysis of the text does suggest it may have been a mistake, perhaps a transcription from dictation or a quirky spell-checker because substituting effluxion for affluxion seems not to affect meaning.  Those who found those three paragraphs a bit turgid can be assured things used to be worse and that as written, this text is a reasonable example of legal writing in “plain English”.

Lindsay Lohan's hair styles: Landmarks in the effluxion of time, 2002-2009.