What is it?
This functions as a clause type within contracts and statutes, governing the scope and breadth of defined terms or enumerated rights/duties.
includes
UCC / CommercialLegal glossary term
Quick answer
INCLUDES usually means the items listed are illustrative, not exhaustive. In contracts, it matters because additional items may be added, expanding obligations. Before signing, check whether the clause limits the list or allows further additions.
Definitions
What is includes?
Legal Definition
The term 'includes' signifies that a list or definition is not exhaustive, meaning other items fall under its scope even if unlisted. This language grants broad legal coverage to the defined subject matter, imposing obligations on parties who fail to account for those implied inclusions. Courts scrutinize this phrasing heavily to determine the precise boundaries of contractual duties or statutory rights.
Plain-English Translation
Think of a permission slip that says 'includes field trips.' Even if it doesn't list every single destination, all approved outings count as included activities.
Contract relevance
Why includes matters in contracts
Ignoring this term allows other parties to argue that something outside the explicit enumeration is not covered by the agreement. The drafting party who used 'includes' bears the risk if they fail to anticipate a necessary inclusion.
Document context
Where includes appears in documents
| Document type | Section | Why it matters |
|---|---|---|
| UCC security agreement | Article 9, Section 9-203 | Defines collateral scope |
| ISDA Master Agreement | Schedule, Section 1.1 | Sets transaction definitions |
| Federal procurement contract | FAR Part 12 | Clarifies allowable cost items |
| Employment agreement | Benefits clause | Lists covered benefits |
Contract language
Common contract wording
| Contract wording | Plain-English meaning | What to check |
|---|---|---|
| "The Services include consulting, design, and testing" | Means those services are examples | Verify if other services may be added |
| "Payments include base fee, taxes, and insurance" | Indicates additional charges possible | Look for a limitation phrase |
Red flags
Red flags to watch for
Wording examples
Clearer wording examples
Vague wording
"Includes"
Clearer wording
"Includes, but not limited to"
Vague wording
"Includes the following items"
Clearer wording
"Includes the following items, and may include additional items as agreed"
Note: “clearer” means easier to read — not legally reviewed or guaranteed safe.
Pre-signature checklist
What to check before signing
1
Identify every item listed after includes
2
Determine if a limiting phrase follows
3
Ask whether additional items can be added later
4
Assess impact of potential extra items on cost and performance
5
Confirm that the scope matches your expectations
6
Request a definition of the broader category
7
Check for consistency with other contract sections
Party impact
How includes affects each party
| Party | What this party should check |
|---|---|
| Seller | Verify that added items won’t breach warranties |
| Buyer | Review budget for possible extra costs |
| Licensor | Ensure that new licensed content falls within scope |
| Tenant | Understand if extra services increase rent |
Comparison
includes vs similar terms
| Related term | Plain meaning | Main difference from includes |
|---|---|---|
| Excludes | Removes items from a list | Opposite of includes |
| Enumerates | Lists items exhaustively | No additional items allowed |
| Specifies | Provides precise detail | More restrictive than includes |
Missing or vague
If includes is missing or vague
If a contract uses includes without any clarification, parties may argue over whether the list is exhaustive. The seller might add items the buyer never anticipated, inflating costs. The buyer could claim the seller exceeded the scope, leading to breach claims. Courts often look to surrounding language to decide, but ambiguity fuels litigation.
Document map
Document section map
| Contract section | What to inspect |
|---|---|
| Definitions | Look for illustrative language after includes |
| Scope of Services | Verify what extra services may be added |
| Payment | Check if additional fees can arise |
| Termination | See if includes impacts termination rights |
Visual model
Understand includes fast
01
Landlord: States lease 'includes' parking; tenant parks a guest car and can claim coverage under that inclusion.
02
Borrower: Mortgage document says debt 'includes' accrued interest; borrower must pay it even if not separately listed.
03
Franchisor: Agreement specifies rights 'includes' local marketing authority; franchisee gains the right to market outside defined zones.
Document context
How includes shows up in legal documents
Why does it matter?
Ignoring this term allows other parties to argue that something outside the explicit enumeration is not covered by the agreement. The drafting party who used 'includes' bears the risk if they fail to anticipate a necessary inclusion.
When does it matter?
This language triggers when interpreting any document containing it, particularly during breach claims or regulatory compliance reviews. A specific clause might trigger this interpretation upon contract formation.
Where is it usually seen?
You see this phrasing in standard form agreements, such as purchase orders and software licenses, and within statutory definitions (e.g., 18 U.S.C. § 371).
Who is affected?
A Buyer gains the right to claim coverage for goods not listed if the contract 'includes' them; a Lender risks having collateral claims broadened beyond specified assets.
How does it work?
First, the reader identifies the defined term followed by 'includes.' Then, they look at what is explicitly mentioned as an example. Finally, they apply this logic to determine if an outside item fits the general concept described.
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Wikipedia
Server Side Includes
Server Side Includes (SSI) is a simple interpreted server-side scripting language used almost exclusively for the World Wide Web. It is most useful for including the contents of one or more files into a web page on a web server (see below), using its #include...
Open on Wikipedia →Knowledge graph
Where includes connects to real contract work
This layer links the term to nearby glossary entries, document use cases, and contract-risk guides so readers can move from definition to context without dead ends.
9nodes
Glossarypurchase orderpurchase order often shapes similar contract language wording, negotiation leverage, and the plain-English meaning of the clause ar...Glossaryagreementagreement often shapes similar contract language wording, negotiation leverage, and the plain-English meaning of the clause around...Glossarycollateralcollateral often shapes similar contract language wording, negotiation leverage, and the plain-English meaning of the clause around...
BGRisk context hubGlossary meaning, document paths, and adjacent risk pages connected around this clause.
Use caseContract Analysis SoftwareGeneral Contract Analysis: Analyze a Contract online and spot risky wording fast.Use caseAnalyze Nda OnlineNDAs & Confidentiality: Analyze a NDA (Confidentiality Agreement) online and spot risky wording fast.Use caseCheck Nda RisksNDAs & Confidentiality: Check a NDA (Confidentiality Agreement) for common risks and hidden one-sided clauses.RiskMaterial breach definition riskPlain-English risk guide for material breach definition risk.RiskGoverning law clausePlain-English risk guide for governing law clause.RiskEntire agreement clausePlain-English risk guide for entire agreement clause.
Source & disclosure
This page is an AI-assisted plain-English explanation based on LexPredict Legal Dictionary context and contract-review patterns. It is not legal advice. Meaning may vary by jurisdiction, industry, and exact clause wording.
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