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the word includes in law

  • 14-06-2009 8:14pm
    #1
    Gu3rr1lla
    Closed Accounts Posts: 218 ✭✭


    Hi from my understanding the word includes in law means excludes depending on how you use it. e.g. scenario: "This bottle includes water." So legally speaking we're just talking about the bottle and not the water. So really what is suppose to be written in that scenario is "this bottle includes, but not limited to, water." Am I making sense? Correct me if im wrong. Thanks :)


Comments

  • #2
    Wishbone Ash
    Registered Users, Registered Users 2 Posts: 25,038 ✭✭✭✭Wishbone Ash


    "Every month has 28 days" - many people will disagree.


  • #3
    Gu3rr1lla
    Closed Accounts Posts: 218 ✭✭Gu3rr1lla


    Wishbone Ash wrote: »
    "Every month has 28 days" - many people will disagree.

    What are u on about?


  • #4
    Gu3rr1lla
    Closed Accounts Posts: 218 ✭✭Gu3rr1lla


    okay, i'll put it another way. I have a laptop here, and im selling it to you and it includes a bag, micophone and speakers but legally speaking im really saying im selling you the bag,microphone and speakers without the laptop.

    I want to know what the legal meaning of the word "includes" is in a contract.


  • #5
    r14
    Closed Accounts Posts: 205 ✭✭r14


    If you are really worried about what the word "includes" means in the hypothetical contract then all you have to do is define it in the terms of the contract. Then there can be no confusion.

    Otherwise the word includes will be interpreted in the manner in which the parties to the contract intended it to be interpreted. That can be difficult to figure out but such is the nature of contracts.


  • #6
    irish_goat
    Moderators, Recreation & Hobbies Moderators Posts: 5,840 Mod ✭✭✭✭irish_goat


    I just hate it when I buy a bottle of water only for the cashier to pour the water out and hand me the empty bottle, damn legalities....


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  • #7
    dats_right
    Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    Gu3rr1lla wrote: »
    Hi from my understanding the word includes in law means excludes depending on how you use it. e.g. scenario: "This bottle includes water." So legally speaking we're just talking about the bottle and not the water. So really what is suppose to be written in that scenario is "this bottle includes, but not limited to, water." Am I making sense? Correct me if im wrong. Thanks :)
    Wrong. Believe it or not, words are usually given their literal meaning by courts, I know it's mad isn't it? So the word 'includes' means 'includes' and not the opposite. The only proviso I would add is that it is however possible for the parties to more or less agree anything they want in a contract so one should really double check the terms of said contract to establish the actual position.


  • #8
    paulanthony
    Registered Users, Registered Users 2 Posts: 370 ✭✭paulanthony


    irish_goat wrote: »
    I just hate it when I buy a bottle of water only for the cashier to pour the water out and hand me the empty bottle, damn legalities....

    I also hate it when I buy a bottle of water and the cashier opens the bottle and pours the water into my hands, but keeps the bottle. Much worse.


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