Expressio unius est exclusio alterius ("the express mention of one thing excludes all others"). For example: Tempest v Kilner (1846) 3 CB 249. Expressio unius est exclusio alterius This means the express mention of one thing excludes all others. Construction on the principles contained in expressio unius est exclusio alterius Maxim. Expressio Unius est Exclusio Alterius in the context of statutory interpretation The expressio rule means that it is not necessary to add other words to the list in order to make sense of the provision. We can't give advice but we can help find an answer to a general question about the law. 's judgment in l.r. The effect of this rule means that if a list of words is not followed by general words, the Act only applies to the words used in the list â it is not for the courts to try and second guess that Parliament meant to add other words by association. In other words, the conflicting general term will not extend beyond the scope or subject matter of the conflicting specific term. This rule is said to mean that the mention of one thing excludes another. rel. That would not be consistent with the plain meaning of the phrase âand other matters in terms of this Actâ. Where the statutory language is plain and the meaning clear, there is no scope for applying the rule[14]. By way of example (highlighted in bold): R (Veolia ES Nottinghamshire Ltd) v Nottinghamshire County Council [2010] EWCA Civ 1214; [2012] PTSR 185, per Rix LJ: “[15] The second aspect of the [Audit Commission Act 1998] that I would highlight in these preliminary observations is that section 15(3) (with its related provisions in subsections (3A), (4) and (5)) grants a specific exception to the section 15(1) right of inspection so far as any document ‘contains personal information’. (2015, 06). European Legal Encyclopedia This is one of the rules used in interpretation of statutes. When Culture Clashes with the Criminal Law Case note on S v Hamunakwadi 2015 (1) ZLR 392 (H); S v Musino HH-158-17 and S v Taurayi HH-298-90 By Geoff Feltoe ; Aligning the Administrative Justice Act with the Constitution; Books. … The argument is made (based on the principle of expressio unius exclusio alterius) that the express exception made in favour of personal information prevents any consideration of a further exception in favour of confidential information.”. For guidance on citing Expressio Unius Est Exclusio Alterius (giving attribution as required by the CC BY licence), please see below our recommendation of "Cite this Entry". Entries Sitemap Expressio Unius Est Exclusio Alterius means that one thing having been mentioned the other is excluded. Look at other dictionaries: inclusio unius est exclusio alterius â /inkluwzh(iy)ow yanayas est akskluwzh(iy)ow oltarayas/ The inclusion of one is the exclusion of another. The rules of language are referred to as intrinsic aids or internal aids. Expressio Unius Est Exclusio Alterius expressio unius est exclusio alterius n [New Latin, the explicit mention of one (thing) is the exclusion of another]: a principle in statutory construction: when one or more things of a class are expressly mentioned others of the same class are excluded . Expressio Unius Est Exclusio Alterius lawi.org.uk Retrieved 12, 2020, from https://lawi.org.uk/expressio-unius-est-exclusio-alterius/, 06 2015. Case laws In R. r. Therms case, Le Dain J. applied the expressio unius principle of construction to s. 24 of the Charter. Our customer support team will be happy to answer your questions about our subscription Categories Sitemap Latin maxim meaning that the expression of one thing excludes others. Sometimes referred to in short form as expressio unius. The expressio unius est exclusio alterius rule would not be applicable as the mentioning of applications without providing for them in any specific sections of the Act would leave this court with jurisdiction in circumstances mentioned by Mr Elliot. Thus,the court found that electronically produced sounds came within the mischiefcontemplated by the Act, overriding the ejusdem generis rule. So if a statute stated it applies to lions and tigers (without stating and other) it would only apply to lions and tigers and not leopards and cheetahs. Final Papers of the 2016 National Symposium on the Promise of the Declaration of Rights under the Constitution of Zimbabwe; SELECTED ASPECTS OF THE 2013 ⦠The certain designation of one person is an absolute exclusion of all others. Expressio unius est exclusio alterius Another important rule of language seeks to exclude by implication that which is notspecifically mentioned in the description of a class of things. 'if there be any one rule of law clearer than another, it is this, that, where the legislature have expressly prescribed one..... the competent authority. the Expressio Unius Est Exclusio Alterius rule. The Legal Thesaurus Please note this CC BY licence applies to some textual content of Expressio Unius Est Exclusio Alterius, and that some images and other textual or non-textual elements may be covered by special copyright arrangements. (C) INTERNAL AIDS TO INTERPRETATION Exclusio is contained in 1 match in Merriam-Webster Dictionary. The statement âno dogs allowedâ under this rule would mean that panthers were allowed. The maxim "expressio unius est exclusio alterius" means; the express mention of one thing excludes the others i.e when one or more things of a class are expressly mentioned, others of the same class are excluded. it is difficult to resist the inference that any other considerations would be irrelevant and cannot be taken into account by the ⦠However, sometimes a list in a statute is illustrative, not exclusionary. In Rodaro, Justice, at ¶856, defined the Latin maxim expressio unius est exclusio alterius as follows: "... a maxim of interpretation meaning that the expression of one thing is the exclusion of the other. The responsibility of deciphering that intent lies with the judiciary. You should not rely on this information. Negating this contention Court observed: It is a maxim for ascertaining the intention of the legislature. Asian Legal Encyclopedia ‘Personal information’ is closely defined and cannot extend to commercial confidential information of the kind in issue in these proceedings. Expressio unius, exclusio alterius. Legal Books of the 19th Century Subscribe to our free weekly Cases Reported and Summaries email, unsubscribe at any time. Labels Sitemap, World Legal Encyclopedia Web. tion of the rule expressio unius est exclusio alterius to a statute. Legal Documents of the 20th Century You should contact a lawyer licensed in your jurisdiction for advice on specific legal problems. It is generally used as a canon of construction of statutes or other legal documents, indicating that the express inclusion of one or more things of a particular type necessarily implies an intention to exclude others of that type. Translation of this latin is âinclusion of one is exclusion of the oth⦠Absence of Words: The absence of particular words in the contract should be considered in contract interpretation. 06, 2015. Foreign Government Policy On Religious Freedom. Authors Sitemap Subsection (2) of s. 24 provides that a court shall exclude evidence if its admission, having regard to all the circumstances, would bring the administration of justice into disrepute. The Act required contracts for the sale of ‘goods, wares and merchandise’ to be evidenced in writing if they were above a specified value. Africa Legal Encyclopedia For instance, sections 77(2) and 117(2) of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 as amended⦠To begin with, section 375 does not require transfer to a county where the natural parent resides. The three rules of language are: The expressio rule means that it is not necessary to add other words to the list in order to make sense of the provision. Find out more, Main Sitemap Index This will not be strictly applied in the event that the Act mentions that the words listed are illustrative by the use of the word ‘includes’ for example, as this suggests that there may be other items which may apply. American Legal Encyclopedia The maxim expressio unius est exclusio alterius is a rule of construction, and not of substantive law, and serves only as an aid in discovering legislative intent when not otherwise manifest. Law Abbreviations When a statute includes a list of specific items, that list is presumed to be exclusive; the statute applies only to the listed items and not to others. Items not on the list are impliedly assumed not to be covered by the statute or a contract term. Interpretation of a particular statute depend⦠EXPRESIO UNIUS EST EXCLUSIO ALTERIUS. Maxwell defines this ruleas follows:. One of the most important rules of the construction of statutes is the âExpressio Unius Est Exclusio Alteriusâ. The court decided that stocks and shares were not covered by the Act as the specific words ‘goods, wares and merchandise’ were not followed by general words. This entry about Expressio Unius has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the Expressio Unius entry and the Encyclopedia of Law are in each case credited as the source of the Expressio Unius entry. To the extent the agreement expressly provided that certain specified compensation that had accrued was to be paid by the employer, to the exclusion of other compensation obligations alleged to be owing, the doctrine of expressio unius est exclusio alterius appropriately applies as a tool of contract construction (see UMG Recs., Inc. v Escape Media Group, Inc., 107 AD3d 51, 58-59 [1st Dept 2013]). r. 3 bom. The rules of language are [...]. This process of getting to know the intent behind the law is known as statute interpretation. If a court tries to allow both conflicting terms by harmonizing them, the court will have specific terms qualify general terms. expressio unius est exclusio alterius a rule of construction, applying both to statute and legal writings, that states that one thing having been mentioned the other is excluded. - Page Visits in the past year: 12,537,600. An act only applies to the items in a list of words, if it is not followed by general words. the Ejusdem generis (“of the same kind”) rule, the Noscitur rule (Noscitur a sociis), and. EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS âMention of one or more things of a particular class may be regarded as silently excluding all other members of the classâ (Maxwell, Interpretation. Read our Privacy Policy and Terms and Conditions for information. Legal and Goverment Almanac Learn definitions, uses, and phrases with exclusio. . Latin maxim meaning that the expression of one thing excludes others. Building the future: The Lawi Project provides individuals and organizations with expertly created and selected information covering many of the areas that will shape our future, including regulation, cybersecurity, human education, the environment, risks, artificial intelligence, social work, behavior, finance, leadership, public policy, and more. TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. lawi.org.uk, 06 2015. law for an illustration of this rule, see bhattoji dikshit's siddhaahta kaumudi, page 55 [the shrivenkateshawara press edition], for an-pther application of the rule, which answvrstothe legal maxim expressio unius est exclusio alterius, see westropp c.j. Pages Sitemap "The views expressed in this entry are those of the author/s and do not necessarily reflect the views of the Lawi Platform. This is a Latin term which etymologically ⦠Expressio unius est exclusio alterius, it is a maxim for ascertaining the intention of the legislature. service This rule is said to mean that the mention of one thing excludes another. Priest vs. Regents of the University of Wisconsin, 54 Wis. 159, we have the same application of rule to a statute, but the statute is peculiar in that it stated that no student Required fields are marked *, Reach a huge audience writing entries. Expressio unius est exclusio alterius is a Latin phrase that means express mention of one thing excludes all others. Thus, following this rule, âno dogs allowedâ means that lions are allowed but guide dogs ⦠Metadata for Law, 5 Addington Street, London SE1 7RY, United Kingdom (Southbank), Designed by Elegant Themes | Powered by WordPress. ..... an enabling act is expressed in the maxim, expressio unius est exclusio alterius, 'express enactment shuts the door to further implication.' inclusio unius est exclusio alterius: a rule of interpretation that states that âincluding one excludes anotherâ. In Tempest v Kilner (1846) the court had to rule whether the Statute of Frauds 1677 applied to the sale of stocks and shares. In January, the U.S. Supreme Court added another potential blockbuster case to the current Term. of Statutes). For example if a statute refers to lions and tigers it only refers to lions and tigers and will not include leopards. 1 Expressio unius (est) exclusio alterius (sometimes simply referred to as expressio unius) is an interpretative maxim pursuant to which the express mention of an item excludes others. The statute states that the "entire case may be transferred...." (§ 375.) Australian Legal Encyclopedia 12 2020. Share a link to this item or raise a question for discussion with your followers on social media. Ask a question if you can't find a definitive answer on a topic or start a discussion with others in the community. In international law, expressio unius is mainly invoked in the context of treaty interpretation (Treaties, Interpretation of).
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