Without Limitation Meaning in Law

There are three problems with using unrestricted and include, but not limited to, include (and their equivalents using includes) to make it clear that the full meaning applies. “Without Borders.” Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/without%20limit. Retrieved 14 January 2022. In this example, “partners” and “customers” do not logically fit into the list (unless you delete the unrestricted phrase and complete this list. We cannot agree with [the complainant`s] assertion that “the administrative authority responsible for supervising offenders and establishing a safe zone for children considered the words `including` and `including` to be statutes of limitations”, since the definition of “child safety zone” in the document uses the phrase “but is not limited to” after the term “including”. I am very grateful for very helpful explanations! Freed my mind by a clear meaning, words haunted me because of their meaning and use. 15. Titles and Titles; Construction. The section headings and titles are for convenience of reference only and do not limit, define or affect in any way the provisions thereof.

All Annexes or Annexes referred to in this Agreement are incorporated herein by this reference and form an integral part thereof for all purposes. Unless the context indicates otherwise, all references to laws, regulations, contracts, documents, agreements and instruments refer to laws, ordinances, contracts, documents, agreements and instruments that may be amended, amended or otherwise amended from time to time, and references to certain provisions of laws or regulations contain a reference to the corresponding provisions of any subsequent law or regulation. subsequent settlement. All references to dollars or dollars in this Agreement refer to U.S. dollars. The words herein, below, and other combinations of the word herein refer to the entire Agreement, including all of its annexes, and not to any particular provision thereof. Unless the context requires otherwise, the word or is not exclusive. Wherever the context requires, the masculine gender includes the feminine or neuter, and the singular number includes the plural and vice versa. All references to inclusion should be construed as meaningful, including but not limited to.

Neither this Agreement nor any uncertainty or ambiguity contained herein shall be construed or resolved against any party, whether by design rule or otherwise. Rather, this Agreement has been reviewed by each of the Parties and shall be interpreted and interpreted in accordance with the ordinary meaning of the words used in order to equitably achieve the objectives and intentions of the Parties. You should not say “including, but not limited to, directors, officers, employees, partners and customers”. When writing an objective analysis or persuasive document, including a memorandum or brief, lawyers write under the same plagiarism rules that apply to most other authors,[6] with additional ethical implications for presenting copied documents as originals. [7] Legal pleadings and pleadings must correctly cite citations and references; However, in a law firm, a lawyer may borrow from other lawyers` texts without attribution, using a well-formulated and successful argument presented in a previous brief. First of all, there are few recent cases where the verb include takes on a restrictive meaning. More common are cases such as DIRECTV, Inc. v.

Crespin, 2007 U.S. App. Lexis 6279 (10th Cir. March 16, 2007) (refers to “the normal use of “include” as an introduction to an illustrative – and not exclusive—list). See also People v. Perry, 2007 WL 495285 (16 February 2007 ill.) (Referring in part to the “simple and ordinary meaning” of the word includes the statement that the absence of additional words, such as, but not limited to, does not preclude the following enumeration for illustrative purposes); Auer v. Commonwealth, 621 S.E.2d 140 (Va. Ct. App. 2005) (“In general, the word “include” implies that the list of parts or components supplied is not exhaustive and therefore not exclusive.”) Presumably, it is the everyday meaning of the verb to include, as well as the absence of cases, that gives it a restrictive meaning that allows Black`s Law Dictionary to conclude that expressions such as include without limitation and include, but not limited to, “mean the same thing” as include.

The term “including, but not limited to” or “including, but not limited to” is used to refer to an incomplete list by ensuring that the list contains other items that are not specifically mentioned. Second, there is little case law that says that adding without limitation or not limited to inclusion would make inclusion illustrative rather than limiting. While there are undoubtedly other cases, I only found two cases in an online search. Without limitation or limitation, a term is often used in the drafting of contracts, legal texts or official documents to present an incomplete list and to make it clear that the list contains other elements. The everyday meaning of including is such that including, but not limited to, including but not including the same as including. By and large, U.S. courts deal in most cases with the everyday meaning of a word. For this reason, most courts that have recently considered the meaning of inclusion have held that inclusion does not convey a restrictive meaning. In Jackson v. Concord Co., 253 A.2d 793 (N.J.

1969), the Court held that terms such as include are “words of extension and not limitation” and that the examples given thereafter are for illustrative purposes only. He goes on to say, “This is particularly the case here, where the word `including` is followed by the phrase `but not limited to`. But the attribution of meaning to “in particular” seems to contradict the Court`s superficial assertion that inclusion is illustrative. The Plain Language Movement in Legal Writing is about avoiding complex language and terminology in legal documents in order to make legal drafting more understandable and accessible. [10] One of the goals of the movement is to reduce reliance on art concepts, words that have some meaning in the context of law, but may have a different meaning in other contexts. [11] Shipowners benefit from a number of limitation agreements and contractual restrictions, and often their insurance (especially P&I covers) will be affected if they voluntarily waive these limitation rights, so careful attention to the text of the contract is essential. A contract for the waiver of the shipowner`s rights normally contains an express clause to that effect, namely: “The owner hereby agrees to limit his rights under the LLMC, CLC or other conventions…” ” or “The owner shall pay in full and without limitation any claim for damage to the charterer`s property arising out of this contract”. This wording should not be confused with the expression of American legal language that is now common in many commercial contracts around the world – “the owner agrees to indemnify/settle.