Template:Without limitation and ejusdem generis: Difference between revisions

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===[[Without limitation]] and [[ejusdem generis]]===
===[[Without limitation]] and [[ejusdem generis]]===
Recently spotted: specifically carving out [[ejusdem generis]] as an articulation of the [[without limitation]] trope:
Recently spotted: specifically carving out [[ejusdem generis]] as an articulation of the [[without limitation]] trope:
:''“including '''([[without limitation]] or application of the [[ejusdem generis]] rule)''' data (including risk and historic, know-how, formulae, processes, designs, personnel and operational information, photographs, drawings, specifications, computer code, persona [[data]], portfolio data and any other information or data relating to the business, staff, operations or trading strategies of the company.”''
:“including '''([[without limitation]] or application of the [[ejusdem generis]] rule)''' data (including ''[ ... and here follows a long and tedious catalogue of the various forms that data can take concluding with cat memes, GIFs and any and all other information, howsoever described]'', inasmuch and insofar as it relates to the Discloser.”


This, of all places, in a ''[[confidentiality agreement]]''. This is [[legal eagle]]ry taken to an extraordinary, self-contradictory lengths. This is the [[legal eagle]] as [[The farmer and the sheep|farmer, cack-handedly counting her sheep]]. For what is the purpose of a laundry list of specifics in the first place, if not to somehow craft, contextualise or otherwise put some meaningful boundaries on a general expression which might otherwise have impossibly wide application? If you just want to capture all information, just ''say'' “all information”, and don’t trouble your reader with a laundry list which is patently redundant ''or'' the [[ejusdem generis]] carve-out.
This, of all places, in that most saintedly useless of all agreements, a ''[[confidentiality agreement]]''.  
 
This, readers, is [[legal eagle]]ry taken to an extraordinary, self-contradictory lengths. This is the [[legal eagle]] as [[The farmer and the sheep|farmer, cack-handedly counting her sheep]]. For what is the purpose of a laundry list of specifics in the first place, if not to somehow craft, contextualise or otherwise put some meaningful boundaries on a general expression which might otherwise have impossibly wide application? If you just want to capture all information, just ''say'' “all information”, and don’t trouble your reader with a laundry list which is patently redundant ''or'' the [[ejusdem generis]] carve-out.

Revision as of 13:22, 29 October 2020

Without limitation and ejusdem generis

Recently spotted: specifically carving out ejusdem generis as an articulation of the without limitation trope:

“including (without limitation or application of the ejusdem generis rule) data (including [ ... and here follows a long and tedious catalogue of the various forms that data can take concluding with cat memes, GIFs and any and all other information, howsoever described], inasmuch and insofar as it relates to the Discloser.”

This, of all places, in that most saintedly useless of all agreements, a confidentiality agreement.

This, readers, is legal eaglery taken to an extraordinary, self-contradictory lengths. This is the legal eagle as farmer, cack-handedly counting her sheep. For what is the purpose of a laundry list of specifics in the first place, if not to somehow craft, contextualise or otherwise put some meaningful boundaries on a general expression which might otherwise have impossibly wide application? If you just want to capture all information, just say “all information”, and don’t trouble your reader with a laundry list which is patently redundant or the ejusdem generis carve-out.