Rules of Language

Question 1

Under the literal rule, as well as the word in dispute itself, what else is looked at using common sense?

Answer 1

the other words in the act must be looked at to see if they affect the word and phrase

Question 2

What are the 3 rules of language in latin?

Answer 2

• ejusdem generis rule
• Expressio unius exclusio alterius
• Noscitur a sociis

Question 3

What does Expressio unius exclusio alterius mean?

Answer 3

the mention of one thing excludes the other

Question 4

What does Noscitur a sociis mean?

Answer 4

a word is known by the company it keeps

Question 5

What is the ejusdem generis rule?

Answer 5

This states where there is a list of words followed by general words, then the general words are limited to the same kind of items as the specific words

Question 6

What are the two cases which illustrate then ejusdem generis rule?

Answer 6

• Powell v Kempton Park Racecourse 1899

- Allen v Emmerson 1944

Question 7

What were the facts of the case Powell v Kempton Park Racecourse 1899?

Answer 7

Defendant had even operating betting at what is known as Tattersall’s Ring which is outdoors

Question 8

What were the words in dispute in Powell v Kempton Park Racecourse 1899?

Answer 8

keeping a “house, office, room or other place for betting”

Question 9

Why did the courts find the defendant not guilty in Powell v Kempton Park Racecourse 1899?

Answer 9

as the court decided that the general words “other place” had to refer to indoor places

Question 10

What case illustrates that there must be at least two specific words in a list before the general word or phrase in order for the ejusdem generis rule to operate?

Answer 10

Allen v Emmerson 1944

Question 11

What were the words in dispute in Allen v Emmerson 1944?

Answer 11

If ‘funfair’ came under “theatres and other places of amusement”

Question 12

What was the outcome of Allen v Emmerson 1944?

Answer 12

That ‘funfair’ did come under the general term “other places of amusement” even though it was not of the same kind as theatres

Question 13

Explain what it means by Expressio unius exclusio alterius (the mention of one thing excludes others)?

Answer 13

Where there is a list of words which is not followed by general words, then the Act applies only to the items on the list

Question 14

What is the case which illusrtates Expressio unius exclusio alterius (the mention of one thing excludes the other)?

Answer 14

Tempest v Kilner 1846

Question 15

What was the act and words in dispute in Tempest v Kilner 1846?

Answer 15

Statutes of Frauds 1677 which required a contract for the sale of “goods, wares and merchandise” of more than £10 to be evidenced in writing, did this apply to the sale of stocks and shares

Question 16

What did the courts have to decide from the words “goods, waves and merchandise”?

Answer 16

did these words apply to the sale of sticks and shares

Question 17

What was the outcome of the case Tempest v Kilner 1846 and why?

Answer 17

the court held that only contracts for those three types of things “goods, wares and merchandise” were affected by the Statutes of Frauds 1677 because the sale of stocks and shares were not mentioned

Question 18

Explain what it means by Noscitur a sociis (a word is known by the company it keeps)?

Answer 18

This means that words must be looked at in context and interpreted accordingly through looking at other words in the same section or at other sections of the Act

Question 19

What case illustrates use of Noscitur sociis?

Answer 19

Inland Revenue Commissioners v Frere 1965

Question 20

What were the words in dispute in the case Inland Revenue Commissioners v Frere 1965?

Answer 20

“interest, annuities or other annual interest”

Question 21

How was there use of Noscitur Sociis in Inland Revenue Commissioners v Frere 1965 through the words “interest, annuities or other annual interest”?

Answer 21

as “interest” on its own could have meant any interest paid however the words “other annual interest” in this section meant the court decided that “interest” only meant annual interest

Question 22

What is an example of a case which illustrates the use of Noscitur Sociis where other sections of an Act were considered by the HOL?

Answer 22

Bromley London Borough Council v Great London Council 1982

(BLBS v GLC 1982?

Question 23

What was the word in dispute in BLBS v GLC 1982?

Answer 23

“economic”

Question 24

What were the facts of the case BLBS v GLC 1982?

Answer 24

The GLC wanted to operate a cheap fare scheme on their transport systems which would have meant the transport system would run at a loss

Question 25

How did the HOL use the whole Act to come to a decision in Bromley London Borough Council v Greater London Council 1982?

Answer 25

They looked at another section which imposed a duty to make up deficit as far as possible and so they decided that ‘economic’ meant being run on business lines and so cheap fares were not legal