Legal Question in Constitutional Law in Utah
The definition of Include.
I have been having a problem with the definition of the word include. In normal english, to include something doesn't exclude anything else. Blacks Law Dictionary though says:
''Include. (Lat. Inclaudere, to shut in. keep within.) To confine within, hold as an inclosure. take in, attain, shut up, contain, inclose, comprise, comprehend, embrace, involve. Term may, according to context, express an enlargement and have the meaning of and or in addition to, or merely specify a particular thing already included within general words theretofore used. 'Including' within statute is interpreted as a word of enlargement or of illustrative application as well as a word of limitation. Premier Products Co. v. Cameron, 240 Or. 123, 400 P.2d 227, 228.''
The last sentence seems to state that include can also exclude all else. Am I misinterpreting this?
1 Answer from Attorneys
Re: The definition of Include.
Sometimes you will see a sentence that "$xx is inclusive of all taxes." This the quoted price would exclude any other taxes and fees. The definition does not infer that "all else" is excluded, but use of the term in context may - but not necessarily - create a limitation. Context is very important.
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