butclause

A but clause, also referred to as a “but for” or “exclusion” clause, is a specific type of contractual provision that modifies or limits the scope of a preceding statement. It is typically introduced with the word “but” or “except” and serves to carve out exceptions to a broader rule or obligation. In legal drafting, but clauses are often included to clarify that certain conditions, rights, or liabilities do not apply in particular circumstances.

The primary function of a but clause is to provide precision and avoid unintended liability. For example, a lease agreement might state that the tenant is responsible for all repairs except for those caused by normal wear and tear; the phrase “but for” highlights that the general repair obligation does not extend to wear and tear damage. Similarly, a warranty may read that the manufacturer guarantees the product against defects, but not against damage caused by misuse.

When drafting a but clause, lawyers aim for concise language, often using single-sentence constructions that directly reference the preceding clause. The clause can be written in affirmative form (“except for…”) or negative form (“but does not cover…”). Because but clauses affect the interpretation of a contract, they must be drafted to avoid ambiguity. Courts typically enforce them against the party that introduced the exclusion, provided the wording is clear and unambiguous.

Common contexts where but clauses appear include real estate leases, service agreements, warranties, and insurance policies. Their widespread use reflects the importance of clearly defining the boundaries of contractual obligations.