The ejusdem generis rule, also known as Lord Tenterden’s rule or the rule of the same kind or class, is a method of interpreting words in a list. It states that if a general word follows a list of specific things, it will only include things that are similar to the specific items listed. For instance, if a list consists of horses, cattle, sheep, pigs, and goats, the general term “farm animal” would only encompass four-legged, hoofed mammals typically found on farms, excluding chickens.
The legal principle known as Lord Tenterden’s rule aids in interpreting the meaning of a general word or phrase in a contract or statute. It establishes that when a general word or phrase follows a specific list, it will only encompass items of the same type as those listed. For instance, if a contract permits bringing “dogs, cats, birds, or any other pet” to a specific location, Lord Tenterden’s rule dictates that “any other pet” would solely include animals similar to dogs, cats, and birds. Consequently, animals such as snakes or fish would not be allowed since they do not belong to the same category as the ones listed. This rule, also referred to as the “ejusdem generis” rule, derived from Latin meaning “of the same kind or class,” serves to prevent confusion and ensure that all parties involved in a contract or statute possess a clear understanding of the inclusions.
Lord Tenterden’s Rule is a legal principle that states that a person cannot be held liable for negligence if they have taken reasonable care to avoid causing harm to others.
Lord Tenterden’s Rule was established in the case of Heaven v Pender in 1883.
The purpose of Lord Tenterden’s Rule is to protect individuals from being held liable for negligence when they have acted reasonably and taken necessary precautions.
No, Lord Tenterden’s Rule primarily applies to cases involving negligence in the context of personal injury or property damage.
No, Lord Tenterden’s Rule can only be used as a defence if the defendant can prove that they have taken reasonable care to prevent harm.
Factors such as the level of care taken, the foreseeability of harm, and the standard of care expected in a particular situation are considered when determining if Lord Tenterden’s Rule applies.
Yes, in certain circumstances, other legal principles such as statutory duties or specific contractual obligations can override Lord Tenterden’s Rule.
Yes, there are exceptions to Lord Tenterden’s Rule, such as cases involving professional negligence or situations where a higher duty of care is owed.
No, Lord Tenterden’s Rule is primarily applicable in civil cases and does not have direct application in criminal law.
Yes, Lord Tenterden’s Rule continues to be relevant in modern legal practice as it provides a framework for determining negligence and liability in various personal injury and property damage cases.
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: 30th April 2024.
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