Legal Definitions - include

In legal contexts, the term "include" means to specify that certain items, concepts, or examples are part of a broader group, category, or definition. When used with "including," it typically indicates that the list provided is illustrative and not exhaustive. This means there might be other items or concepts that also fall within the larger group, even if they are not explicitly mentioned in the list.

To prevent any misunderstanding that the list is the *only* thing covered, legal drafters often use phrases like "including but not limited to" or "including without limitation." These phrases serve to emphasize that the examples given are just some instances within a larger category, and the scope is not restricted solely to those listed.

• Example 1: Contractual Obligations

  A software development contract might state: "The deliverables for this project shall encompass all necessary code, documentation, and support materials, including source code repositories, user manuals, and a one-year warranty."

  Explanation: Here, "including" clarifies that source code repositories, user manuals, and a one-year warranty are definitely part of the deliverables. However, it also suggests that other necessary items, such as design specifications, testing protocols, or training materials, might also be expected deliverables even if not explicitly listed, as they fall under the broader category of "all necessary code, documentation, and support materials."

• Example 2: Regulatory Compliance

  A government regulation on environmental protection might state: "Hazardous waste materials requiring special disposal procedures include but are not limited to industrial solvents, medical sharps, and radioactive isotopes."

  Explanation: This example uses "including but not limited to" to make it absolutely clear that while industrial solvents, medical sharps, and radioactive isotopes are definitely hazardous waste, the list is not exhaustive. Other materials not mentioned, such as certain pesticides or heavy metals, would also fall under the category of "hazardous waste materials" and require special disposal, even if they aren't explicitly named in the regulation.

• Example 3: Scope of a Legal Claim

  In a lawsuit, a plaintiff might allege "various breaches of contract by the defendant, including without limitation failure to deliver goods on time, provision of substandard materials, and non-payment of agreed-upon fees."

  Explanation: By using "including without limitation," the plaintiff is asserting specific examples of contract breaches. This phrasing ensures that the legal claim is not limited only to these three examples; the plaintiff reserves the right to present evidence of other breaches of contract that might emerge during the legal process, as long as they fall under the general category of "various breaches of contract."