The rule of Eiusdem Generis helps in interpreting the meaning of a general word or phrase that comes after a list of specific items. It states that the general word or phrase will only encompass things that belong to the same type or class as those listed. For instance, if a list includes horses, cattle, sheep, pigs, and goats, and then mentions “or any other farm animal,” the general language would only include four-legged, hoofed mammals typically found on farms, and not chickens or other animals that are different. This rule is also known as the ejusdem generis rule or Lord Tenterden’s rule. Other related terms include Expressio Unius Est Exclusio Alterius, Noscitur a Sociis, and Rule of Rank.
The term “eiusdem generis” is a Latin phrase that means “of the same kind or class.” It is a principle of interpretation that states when a general word or phrase follows a list of specific items, the general word or phrase will be understood to include only items of the same type as those listed. For instance, if a store has a sign that says “No pets allowed, except for dogs, cats, and birds,” the store can argue that a snake is not allowed because it is not of the same kind or class as the listed animals. Similarly, the phrase “horses, cattle, sheep, pigs, goats, or any other farm animal” would likely be interpreted to include only four-legged, hoofed mammals typically found on farms, excluding chickens. These examples demonstrate how the eiusdem generis rule helps to clarify the meaning of a general word or phrase by limiting it to items of the same type or class as those listed.
Eiusdem Generis is a Latin term that translates to “of the same kind or nature.” In legal terms, it refers to a principle used to interpret statutes or contracts where a general term is followed by specific examples. It means that the general term should be interpreted to include only things of the same kind or nature as the specific examples.
When a contract includes a list of specific items followed by a general term, the principle of Eiusdem Generis is used to interpret the general term. It means that the general term should be limited to things that are of the same kind or nature as the specific examples listed.
Yes, the principle of Eiusdem Generis is commonly used in statutory interpretation. When a statute includes a list of specific items followed by a general term, the principle is applied to interpret the general term in a way that is consistent with the specific examples listed.
If the specific examples listed in a statute or contract are contradictory, the principle of Eiusdem Generis may not be applicable. In such cases, other principles of interpretation may be used to determine the meaning of the general term.
Yes, there can be exceptions to the principle of Eiusdem Generis. If the context or legislative intent suggests a broader interpretation of the general term, it may not be limited to things of the same kind or nature as the specific examples listed.
The rule of ejusdem generis is a specific application of the principle of Eiusdem Generis. It applies when a general term is followed by specific examples that are of a particular class or category. In such cases, the general term is interpreted to include only things of the same class or category.
No, the principle of Eiusdem Generis is used to limit the scope of a general term, not expand it. It ensures that the general term is interpreted in a way that is consistent with the specific examples listed.
Yes, the principle of Eiusdem Generis is a widely recognized principle of statutory and contractual interpretation used in various legal jurisdictions.
Yes, if the legislative intent suggests a different interpretation, it can override the principle of Eiusdem Generis. The court will consider the overall purpose and context of the statute or contract to determine the appropriate interpretation.
To determine if the principle of Eiusdem Generis applies in a specific case, you should carefully analyze the language and structure of the statute or contract. Look for a list of specific examples followed by a general term and consider the context and legislative intent to make an accurate interpretation.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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