An Update on “Including But Not Limited To”
In this recent post I wrote about a Bryan Garner tweet on the subject of including but not limited to. Shortly after, Garner posted “LawProse Lesson #226” on the same subject. Since his post offers more detail than did his tweet, I thought I should check it out, but I found that it reflects his unhelpful approach to contract language. Let me explain.
Courts and Including But Not Limited To
In my post I say that courts have proved willing to consider that including or includes is restrictive even when modified by but not limited to. Here’s what Garner says about that:
Will judges take such a definition seriously? Generally, yes. I defy anyone to produce a case in which this definition hasn’t worked, so that includingdefined in this way has nevertheless been held to introduce an exhaustive listing.
http://www.adamsdrafting.com/an-update-on-including-but-not-limited-to/