Carve-out: Difference between revisions

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Carve-outs may go without saying — they usually do — and many can be regarded as a species of redundancy: of a piece with a “[[without limitation]]” or an “[[for the avoidance of doubt|avoidance of doubt]]”. Yet how playful it can be, when the [[carve-out]] is ''from'' a “[[without limitation]]” or an “[[for the avoidance of doubt|avoidance of doubt]]”! Some are woven from a stouter fibre, whose implied articulation no drafting, however doubtless, could presume.
Carve-outs may go without saying — they usually do — and many can be regarded as a species of redundancy: of a piece with a “[[without limitation]]” or an “[[for the avoidance of doubt|avoidance of doubt]]”. Yet how playful it can be, when the [[carve-out]] is ''from'' a “[[without limitation]]” or an “[[for the avoidance of doubt|avoidance of doubt]]”! Some are woven from a stouter fibre, whose implied articulation no drafting, however doubtless, could presume.


Where the [[carve-out]] carves out from an exclusion of liabilty which is ''itself'' a kind of carve-out, we create some kind of ''[[carve-in]]''; an elaborate sculpting of the rock from which we extract our legal relations. The [[carve-out]] thus toys with our traditional notions of [[Space-time continuum|contractual time and space]]. It promises hyper-spatial access to an alternative universe of semantic possibility, within whose parameters one can extend drafting into hitherto un-imagined, immeasurable dimensions, negative spaces, [[double-negative|''double''-negative]] spaces, dark energies — Esheresque grammatical constructions beyond anything imaginable in our traditional Euclidean geometry. This is quite exhilarating for the connoisseur.
Where the [[carve-out]] carves out from an exclusion of liabilty which is ''itself'' a kind of carve-out, we create some kind of ''[[carve-in]]''; an elaborate sculpting of the rock from which we extract our legal relations. The [[carve-out]] thus toys with our traditional notions of [[Space-time continuum|contractual time and space]]. It promises hyper-spatial access to an alternative universe of semantic possibility, within whose parameters one can extend drafting into hitherto un-imagined, immeasurable dimensions, negative spaces, [[double-negative|''double''-negative]] spaces, dark energies — Esher-esque grammatical constructions beyond anything imaginable in our traditional Euclidean geometry. This is quite exhilarating for the connoisseur.


{{sa}}
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*[[Negligence, fraud or wilful default]]
*[[Negligence, fraud or wilful default]]
*[[Gross negligence]]
*[[Gross negligence]]
*{{C2|Astrophysics|Cosmology}}

Revision as of 11:22, 4 December 2020

The Jolly Contrarian’s Glossary
The snippy guide to financial services lingo.™
a carve-out in a stable orbit with a carve-in, yesterday.


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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 be made more so by the skilled deployment of a carve-out. This is an invocation of the Fish Principle.

Carve-outs may go without saying — they usually do — and many can be regarded as a species of redundancy: of a piece with a “without limitation” or an “avoidance of doubt”. Yet how playful it can be, when the carve-out is from a “without limitation” or an “avoidance of doubt”! Some are woven from a stouter fibre, whose implied articulation no drafting, however doubtless, could presume.

Where the carve-out carves out from an exclusion of liabilty which is itself a kind of carve-out, we create some kind of carve-in; an elaborate sculpting of the rock from which we extract our legal relations. The carve-out thus toys with our traditional notions of contractual time and space. It promises hyper-spatial access to an alternative universe of semantic possibility, within whose parameters one can extend drafting into hitherto un-imagined, immeasurable dimensions, negative spaces, double-negative spaces, dark energies — Esher-esque grammatical constructions beyond anything imaginable in our traditional Euclidean geometry. This is quite exhilarating for the connoisseur.

See also