Comments on: Including “And” or “Or” in a Tabulated List http://www.adamsdrafting.com/2008/10/13/and-or-tabulated-list/ Tue, 31 Jan 2012 01:23:03 +0000 hourly 1 http://wordpress.org/?v=abc By: Jim Brashear http://www.adamsdrafting.com/2008/10/13/and-or-tabulated-list/comment-page-1/#comment-67588 Jim Brashear Tue, 14 Oct 2008 14:19:01 +0000 http://www.adamsdrafting.com/2008/10/13/and-or-tabulated-list/#comment-67588 The ambiguity in the example also could have been avoided by changing the lead-in clause to say something like "those health services and supplies that are all of the following" or "those health services and supplies that meet all of the following requirements." <em>[I noted this in my post—KAA.]</em> This approach has the advantage of allowing the drafter to specify as to a following list whether "all" of the requirements must be met, or "any" of them, or "any 2" of them, etc. Regarding the use of "and" in a list, I've seen the opposite extreme on many occasions - the "Lawrence Welk" school of drafting, which inserts "and" in between every paragraph of a list (e.g., 1, and 2, and 3). I've also seen similar usage of "or" in a disjunctive list. I think the practice is unnecessary but harmless - unless the list mixes the conjunctions ("and" with "or") without further clarification (e.g., 1, and 2, or 3, and 4). The ambiguity in the example also could have been avoided by changing the lead-in clause to say something like “those health services and supplies that are all of the following” or “those health services and supplies that meet all of the following requirements.” [I noted this in my post—KAA.] This approach has the advantage of allowing the drafter to specify as to a following list whether “all” of the requirements must be met, or “any” of them, or “any 2″ of them, etc.

Regarding the use of “and” in a list, I’ve seen the opposite extreme on many occasions – the “Lawrence Welk” school of drafting, which inserts “and” in between every paragraph of a list (e.g., 1, and 2, and 3). I’ve also seen similar usage of “or” in a disjunctive list. I think the practice is unnecessary but harmless – unless the list mixes the conjunctions (“and” with “or”) without further clarification (e.g., 1, and 2, or 3, and 4).

]]> By: Chris Lemens http://www.adamsdrafting.com/2008/10/13/and-or-tabulated-list/comment-page-1/#comment-67532 Chris Lemens Tue, 14 Oct 2008 02:30:46 +0000 http://www.adamsdrafting.com/2008/10/13/and-or-tabulated-list/#comment-67532 I've been was working on a deal with a large insurance company, who is our customer. They drafted the paperwork, and don't like making changes to their documents. In the last draft, there was a lot of substantive stuff we needed, so I had left their formatting alone, so as not to create issues. Today, I was writing a note to my boss with recommendations. I had to reference the nineteenth bullet point in a section. I'd lay odds that he had to count several times. Chris I’ve been was working on a deal with a large insurance company, who is our customer. They drafted the paperwork, and don’t like making changes to their documents. In the last draft, there was a lot of substantive stuff we needed, so I had left their formatting alone, so as not to create issues. Today, I was writing a note to my boss with recommendations.

I had to reference the nineteenth bullet point in a section. I’d lay odds that he had to count several times.

Chris

]]> By: D. C. Toedt http://www.adamsdrafting.com/2008/10/13/and-or-tabulated-list/comment-page-1/#comment-67529 D. C. Toedt Tue, 14 Oct 2008 02:23:19 +0000 http://www.adamsdrafting.com/2008/10/13/and-or-tabulated-list/#comment-67529 The <em>and</em> might have been omitted by automated drafting software that didn't 'know' which was the last item in the list. The and might have been omitted by automated drafting software that didn’t ‘know’ which was the last item in the list.

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