ABSTRACT
The article reviews five cases in which the court was interpreting a list with a catchall entry. The outcome of the cases is surprising. The article argues that these outcomes and legal treatises show that a list and a catchall is unpredictable. When drafting legal language, predictability is highly desirable and is of primary importance to the lawyer’s client. Therefore, a legal drafter should avoid using lists with a catchall phrase. Alternatives are suggested with the risks of each discussed.
Payne, Jery, Lord Tenterden’s Rule: Why a List Might Backfire (July 6, 2018). The Scribes Journal of Legal Writing, 2018.
First posted 2021-01-11 17:54:16
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