Template:Without limitation and ejusdem generis: Difference between revisions
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:“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.” | :“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 | This, of all places, in that most saintedly over-vexed 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 | 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 be done with it; don’t trouble your counterparty with a laundry list which by this very theory, is patently redundant ''or'' the [[ejusdem generis]] [[carve-out]]. | ||
Revision as of 13:24, 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 over-vexed 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 be done with it; don’t trouble your counterparty with a laundry list which by this very theory, is patently redundant or the ejusdem generis carve-out.