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Old 08-25-2005, 01:55 PM
weishaupt1776's Avatar
weishaupt1776 weishaupt1776 is offline
The Outta Commissiona
 
Join Date: Oct 2004
Location: Florida Republic
Posts: 5,393
Quote:
Originally Posted by gregtu


(b) The terms includes and including when used in a definition contained in this Act shall not be deemed to exclude other things otherwise within the meaning of the term defined.


This one kicked my butt.

Take out the double negatives

shall not = shall

exclude = include

other things = No other thing/nothing else

within = without or outside of
  • (b) The terms includes and including when used in a definition contained in this Act shall be deemed to include Nothing else otherwise outside of the meaning of the term defined.

So the word "includes" IS NOT expansive or used to enlarge the definition

Sometimes "includes" is expansive, however, in statutory construction, the language must be strictly construed.

Why do you think in contracts, the phrase, "including, BUT NOT LIMITED TO"
is used in order to show that "includes" is not used to limit the scope.


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