Freedom Dove

Is there an article explaining includes and including?

ChatGPT said:

Yes, the terms “includes” and “including” are often used in legal, formal, and everyday language, and while they may seem similar, they have different connotations, especially in legal contexts. There are several articles and guides explaining the usage of these terms.

“Includes” vs. “Including”: A General Explanation

1. “Includes”:
   • Definition: “Includes” is often used in a legal or formal context to indicate that the list that follows is not exhaustive. It means that what follows is part of a broader category or group.
   • Example: “The contract covers various types of damages, including medical costs, lost wages, and property damage.”
     Here, “including” suggests that medical costs, lost wages, and property damage are examples, but other types of damages may also apply.
2. “Including”:
   • Definition: “Including” is a more general word used to introduce examples or specify a part of a larger group or category, similar to “includes.” It’s often used to suggest that there could be other items or elements beyond those listed.
   • Example: “The box includes toys, games, and books.”
     “Includes” in this context tells you that those items are part of the contents, but it doesn’t preclude other items being inside the box.

Key Difference:

• “Includes” is often used in a way that signals that the list is definitive, while “including” is more commonly used to provide examples or a partial list. However, in practice, the difference is subtle, and in many situations, these terms can be used interchangeably.

Legal Interpretation of “Includes” and “Including”

In legal documents, these words are often used with specific intentions:

• “Includes”: This term is generally seen as expansive. It indicates that the items listed are part of a larger, undefined category. For example, a definition in a contract might read: “The term ‘Property’ includes land, buildings, and fixtures.” This means the listed items are part of the category, but other types of property could also be included.
• “Including”: This is often used to provide examples, not necessarily an exhaustive list. A clause might state: “The term ‘Services’ including consultation, repair, and installation.” This suggests that consultation, repair, and installation are examples of services, but other services might also be covered.

Examples in Legal Context:

• “Includes”: “The term ‘damages’ includes but is not limited to, physical injury, property damage, and loss of income.” This means the listed items are part of the category, but there might be additional types of damages not mentioned.
• “Including”: “The agreement covers services including product installation and warranty claims.” This gives examples of services but leaves the possibility for other services to be covered.

Further Reading:

For more formal articles or legal interpretations of these terms, you might look for resources from reputable legal websites or dictionaries such as:

• Legal dictionaries like Black’s Law Dictionary, which often explain the nuances between such terms.
• Articles on legal blogs or law firm websites that discuss language interpretation in contracts and legal documents.
• Law textbooks that focus on contract law or legal writing, where the distinctions between terms like “including” and “includes” are often discussed.

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