Carve-out: Difference between revisions
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{{g}}The exception which, in the eyes of a [[Mediocre lawyer|diligent clerk]], proves the rule. No rule, no legal proposition, is too complicated that it | {{g}}The exception which, in the eyes of a [[Mediocre lawyer|diligent clerk]], proves the rule. No rule, no legal proposition, is too complicated that it can’t me made more so by the judicious use of a [[carve-out]]. Carve-outs may go with out saying, and can be seen as a species of [[without limitation]] or [[for the avoidance of doubt]], but many ore woven froma stouter fibre, whose implied articulation no drafting, however doubtless, could presume. | ||
The classic [[carve out]] — from a liability exclusion which is itself a kind of carve-out, meaning this is some kind of carve ''back in''; a kind of elaborate sculpting of the rock from which we extract our legal relations — is in the case of one’s [[negligence, fraud or wilful default]]. | The classic [[carve out]] — from a liability exclusion which is itself a kind of carve-out, meaning this is some kind of carve ''back in''; a kind of elaborate sculpting of the rock from which we extract our legal relations — is in the case of one’s [[negligence, fraud or wilful default]]. | ||
Revision as of 19:18, 23 February 2020
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The exception which, in the eyes of a diligent clerk, proves the rule. No rule, no legal proposition, is too complicated that it can’t me made more so by the judicious use of a carve-out. Carve-outs may go with out saying, and can be seen as a species of without limitation or for the avoidance of doubt, but many ore woven froma stouter fibre, whose implied articulation no drafting, however doubtless, could presume.
The classic carve out — from a liability exclusion which is itself a kind of carve-out, meaning this is some kind of carve back in; a kind of elaborate sculpting of the rock from which we extract our legal relations — is in the case of one’s negligence, fraud or wilful default.