Rules Of Language

Question 0

What is Expressio unius est Exclusio alterius?

Answer 0

• if it is not included it is excluded
• eg. Football, rugby and cricket. Doesn’t count when applied to tennis for example.
• Tempest v. Kilner - taxation did not have to be paid on stocks and shares, as the law states that the “sale of goods, wares and merchandise” must be contracted for tax

Question 1

What is Ejusdan Generis?

Answer 1

If something is “of the same kind” then it can be included
Eg. Rice, pasta, gnocchi and other such foods
-Powell v. Kempton Park - the Betting Act 1853 = illegal to bet in “a house, office, room or other place” however the defendant had a betting enclosure outside
-HL decided “or other place” meant somewhere indoors (like the other mentioned places) = not guilty

Question 2

What is noscittur a soccis?

Answer 2

• a word gets its’ meaning from the surrounding words
• Foster v. Diphwys - explosives taken into a mine must be in a “case or canister” but a man used a cloth bag which he said could be classed as a “case”
• under noscittur a soccis, the cloth bag was not acceptable as the “case” must be if the same strength as the “canister” as this is what parliament intended