0.8 - Rules of language Flashcards
What are the rules of language?
They are the minor rules regarding how certain words are interpreted when a certain sentence structure is used.
The courts have developed a number of minor rules which can help make the meaning of a particular word or phrase in an Act clear.
What is ejusdem generis?
This rule is used when the Act has a list of specific words followed by a general phrase (e.g. ‘and others’).
Things included as ‘others’ are limited to things of the same kind as the specific words. For this rule to apply, there must be at least two examples included in the specific list. This is so a common theme or link can be found amongst the list of specific words.
Powell v Kempton racecourse
The Betting Act 1853 said that it was an offence to keep a ‘house, office, room or other place’ for betting.
D had been using Tattersall ring for betting (an outdoor area).
The specific list referred only to indoor places, so D not liable as an outdoor area could not be included in ‘other place’.
What is expressio unius exclusio alterius?
Means ‘express mention of one thing excludes all others’.
This rule is used when there is a list of specific words but there is no general phrase. Only things which are mentioned in the specific list are included. If it is not mentioned, it is not covered by the Act.
Tempest v Kilner
The Act said that contracts for the sale of ‘goods, wares and merchandise’ over £10 had to be in writing.
‘Stocks and shares’ were not mentioned in the specific list so were not covered by the Act and D was not liable.
What is noscitur a sociis?
Means: ‘a word is known by the company it keeps’.
The word gets its meaning from other words around it (by association).
IRC v Frere
The Act referred to ‘interest, annuities and annual interest’.
‘Annuities’ and ‘annual interest’ both mean they are paid yearly.
The first mention of ‘interest’ did not state how regularly it should be paid, but since the other money was paid yearly, the first interest was held to mean yearly too.
