Template:Without limitation and ejusdem generis: Difference between revisions
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This, of all places, in that most saintedly over-vexed of all agreements, a ''[[confidentiality agreement]]''. | 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 | 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 vague and indeterminate general expression which you fear might otherwise have impossibly wide application? If all you want is to capture “all information”, just ''say'' “all information”, and be done with it: don’t trouble your counterparty with both a laundry list which [[Q.E.D.]], is ''patently'' redundant ''and'' an [[ejusdem generis]] [[carve-out]], which underscores that fact. | ||
Revision as of 13:26, 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 vague and indeterminate general expression which you fear might otherwise have impossibly wide application? If all you want is to capture “all information”, just say “all information”, and be done with it: don’t trouble your counterparty with both a laundry list which Q.E.D., is patently redundant and an ejusdem generis carve-out, which underscores that fact.