The Three Language Rules Flashcards
What is Ejusdem Generis?
“Of the same type”
Where a statute specifies a list of words followed by general term, then
What are the three language rules?
Ejusdem Generis
Expressio unius est exclusion alterius
Noscitur a sociis
What is Ejusdem Generis?
‘Of the same type’.
Where a statute specifies a list of words followed by General term, then the General term must be of the same type as the words specified in the list.
Example cases for Ejusdem Generis?
Wood V Metropolitan Police Commissioner [1986]
Facts: Following an argument with police officers, D was charged under the Vagrancy Act 1824 with being in possession of “any gun, pistol, cutlass, bludgeon or other offensive weapon”. In fact, D had in his possession a piece of broken glass that had fallen out of a nearby door.
Held: the court ruled that the broken glass was not included in the list as it clearly related to objects which had been made for the purpose of causing injury, D was not guilty
Powell v Kempton Park Racecourse (1899)
The defendant was charged with keeping a ‘house office room or other place for betting. He was operating bettings outside. The court decided that other place meant indoors, therefore he was guilty.
For this rule to operate, there must be at least two specific words in the list preceding the general term ( Allen v Emmerson (1944).
The word theatres and other places of amusement was interpreted. And decided whether it applied to funfair. As there was only one specific word which was theatre
What is Expressio unius est exclusion alterius?
Express mention of one thing implies the exclusion of another.
Again this rule relates to lists of things. Where there is a list of words which are not followed by a general term, then the Act only applies to those particular words and nothing else.
Example cases of Expressio unius eat exclusion alterius
Tempest v Kilmer 1846
If an act specifically mentions, ‘goods, wares and merchandiser’. Then ‘stocks and shares’ would not apply to this list.
Inhabitants of Sedgley (1837)
The government/ local authority were trying to charge D on his limestone mine, rates were charged on ‘land, titles and coal mines’. Therefore rates could not be charged on any mine other than coal mines. Therefore D didn’t pay any rates
What is Noscitur a sociis?
A word is known by the company it keeps
A word draws meaning from the other words around it. Word must be looked at in their context and interpreted accordingly. It involves looking at other words in the same or other relevant sections of the act.
Example case for Noscitur a sociis
Inland Revenue Commissioners v Frere (1965)
This case concerned ‘ interest, annuities and other annual interests’ applying this rule meant that monthly or weekly interest was not included.
