Commentary

38.3 ‘Inclusio unius exclusio alterius’

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

38.3 ‘Inclusio unius exclusio alterius’

| Commentary

38.3 ‘Inclusio unius exclusio alterius’

‘Cumulative remedies’ clauses are sometimes used for a slightly different reason, namely to avoid the principle of construction known as ‘inclusio unius exclusio alterius’. If the contract expressly provides a remedy in one situation, the court may infer that the same remedy is not available in similar situations which are not mentioned. For example, if a facilities management agreement provides that the company could terminate the agreement in the event of failure on the part of the contractor to repair the office air-conditioning within 24 hours, and no mention was made of the office heating

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