http://www.adamsdrafting.com/2006/08/10/for-the-avoidance-of-doubt/ Tue, 31 Jan 2012 01:23:03 +0000 hourly 1 http://wordpress.org/?v=abc http://www.adamsdrafting.com/2006/08/10/for-the-avoidance-of-doubt/comment-page-1/#comment-51522 AdamsDrafting » Blog Archive » More Words Not to Include in a Contract— “Therefore” and Its Relatives Fri, 02 May 2008 11:24:12 +0000 http://www.adamsdrafting.com/2006/08/10/for-the-avoidance-of-doubt/#comment-51522 [...] In this example, thus is serving the same same function as that turkey for the avoidance of doubt. [...] [...] In this example, thus is serving the same same function as that turkey for the avoidance of doubt. [...]

]]> http://www.adamsdrafting.com/2006/08/10/for-the-avoidance-of-doubt/comment-page-1/#comment-5137 AdamsDrafting » Blog Archive » “It Being Understood” Thu, 31 May 2007 04:24:29 +0000 http://www.adamsdrafting.com/2006/08/10/for-the-avoidance-of-doubt/#comment-5137 [...] it being understood serves the same function as for the avoidance of doubt, in that it introduces language that seeks to clarify preceding language: If and to the extent that [...] [...] it being understood serves the same function as for the avoidance of doubt, in that it introduces language that seeks to clarify preceding language: If and to the extent that [...]

]]> http://www.adamsdrafting.com/2006/08/10/for-the-avoidance-of-doubt/comment-page-1/#comment-1260 Ken Adams Mon, 27 Nov 2006 17:58:30 +0000 http://www.adamsdrafting.com/2006/08/10/for-the-avoidance-of-doubt/#comment-1260 Theodore: If you're seeking to follow one provision with some illustrative examples, then "for the avoidance of doubt" is not what you need. Best regards, Ken Theodore: If you’re seeking to follow one provision with some illustrative examples, then “for the avoidance of doubt” is not what you need. Best regards, Ken

]]> http://www.adamsdrafting.com/2006/08/10/for-the-avoidance-of-doubt/comment-page-1/#comment-1251 Theodore Weitz Mon, 27 Nov 2006 15:25:44 +0000 http://www.adamsdrafting.com/2006/08/10/for-the-avoidance-of-doubt/#comment-1251 I stumbled across this posting from a cross reference, so please excuse the late comment. My sense is that the phrase "for the avoidance of doubt" is a common British usage that has crept into American drafting. I do not agree that striking it does not alter the meaning. In my experience "for the avoidance of doubt" is use to give an example that is not necessarily exhaustive. Removing it runs the risk of appearing to be a complete list, under the maxim "expressio unius est exclusio alterius." That would be the case in several of your examples. It could often be replaced by a simple "for example," but not stricken. If you want a phrase that is truly useless, try "to the contrary notwithstanding" -- a truly meaningless phrase, inserted solely to make sentences longer and more pondeorus). I stumbled across this posting from a cross reference, so please excuse the late comment. My sense is that the phrase “for the avoidance of doubt” is a common British usage that has crept into American drafting. I do not agree that striking it does not alter the meaning. In my experience “for the avoidance of doubt” is use to give an example that is not necessarily exhaustive. Removing it runs the risk of appearing to be a complete list, under the maxim “expressio unius est exclusio alterius.” That would be the case in several of your examples. It could often be replaced by a simple “for example,” but not stricken. If you want a phrase that is truly useless, try “to the contrary notwithstanding” — a truly meaningless phrase, inserted solely to make sentences longer and more pondeorus).

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