Carve-out

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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.

See also