Define: Ejusdem Negotii

Ejusdem Negotii
Ejusdem Negotii
Quick Summary of Ejusdem Negotii

Ejusdem negotii, a Latin term, signifies “part of the same transaction.” It pertains to circumstances where multiple legal matters are interconnected and treated as a single transaction. For instance, if an individual sells a car and includes the sale of its spare parts, both the car and the spare parts are regarded as ejusdem negotii. This phrase is frequently utilised in legal documents and contracts.

Full Definition Of Ejusdem Negotii

Ejusdem negotii refers to a legal principle where multiple contracts or agreements related to a single transaction are considered to be part of the same transaction. For example, if someone buys a car and also purchases an extended warranty for the car, both the car purchase and the warranty are part of the same transaction. This means that any dispute related to the car purchase may also affect the warranty agreement. Similarly, in a real estate transaction, the purchase agreement, mortgage agreement, and any other related contracts are all considered part of the same transaction.

Ejusdem Negotii FAQ'S

Ejusdem generis is a legal principle that states when a general word or phrase follows a list of specific words, the general word or phrase should be interpreted to include only items of the same type as those listed.

In contract law, ejusdem generis is used to interpret ambiguous terms in a contract. If a contract includes a list of specific items followed by a general term, the general term will be interpreted to only include items similar to those listed.

The purpose of ejusdem generis is to prevent overly broad interpretations of contracts or statutes by ensuring that general terms are limited to items of the same type as those specifically listed.

Yes, ejusdem generis can be used to interpret statutes in the same way it is used to interpret contracts. If a statute includes a list of specific items followed by a general term, the general term will be interpreted to only include items similar to those listed.

If a contract does not include a list of specific items before a general term, ejusdem generis may not apply, and the general term will be given its ordinary meaning.

There are exceptions to the ejusdem generis principle, such as when the context of the contract or statute indicates a different interpretation is intended.

To determine if ejusdem generis applies, you should carefully review the language of the contract or statute and consider the context in which the general term is used.

Yes, ejusdem generis can be used to interpret insurance policies if the policy language includes a list of specific items followed by a general term.

If you believe ejusdem generis has been misapplied, you should consult with a qualified attorney who can review the specific details of your case and provide guidance on how to proceed.

Ejusdem generis is a widely recognized legal principle in many jurisdictions, but its application may vary depending on the specific laws and court decisions in a particular jurisdiction.

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Disclaimer

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: 17th April 2024.

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