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expressio unius est exclusio alterius case law

, "Expressio Unius Est Exclusio Alterius" lawi.org.uk. Expressio unius, exclusio alterius. Legal Books of the 19th Century Dictionaries of Law This site is educational information based. To begin with, section 375 does not require transfer to a county where the natural parent resides. 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 age old process of application of the enacted law has led to formulation of certain rules of interpretation. Access ICLR.3's comprehensive library of authoritative law reports. 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. Expressio Unius Est Exclusio Alterius lawi.org.uk Retrieved 12, 2020, from https://lawi.org.uk/expressio-unius-est-exclusio-alterius/, 06 2015. 06, 2015. 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. Items not on the list are impliedly assumed not to be covered by the statute or a contract term. 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. The responsibility of deciphering that intent lies with the judiciary. This doctrine of contract interpretation is called Expressio Unius Est Exclusio Alterius. 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’. Construction on the principles contained in expressio unius est exclusio alterius Maxim. Expressio unius est exclusio alterius, it is a maxim for ascertaining the intention of the legislature. 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American Legal Encyclopedia 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. Pages Sitemap The rules of language are [...]. According to Cross, "Interpretation is the process by which the courts determine the meaning of a statutory provision for the purpose of applying it to the situation before them," while Salmond calls it "the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed". "Expressio Unius (Est) Exclusio Alterius" published on by Oxford University Press. Your email address will not be published. The rules of language are referred to as intrinsic aids or internal aids. TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS “Mention of one or more things of a particular class may be regarded as silently excluding all other members of the class” (Maxwell, Interpretation. the Expressio Unius Est Exclusio Alterius rule. Legal Meaning [2c] In the present case, the doctrine of expressio unius est exclusio alterius has no controlling application. r. 3 bom. 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. For example if a statute refers to lions and tigers it only refers to lions and tigers and will not include leopards. Look at other dictionaries: inclusio unius est exclusio alterius — /inkluwzh(iy)ow yanayas est akskluwzh(iy)ow oltarayas/ The inclusion of one is the exclusion of 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 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. 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. 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. Legal definition of expressio unius est exclusio alterius: a principle in statutory construction: when one or more things of a class are expressly mentioned others of the same class are excluded. Latin maxim meaning that the expression of one thing excludes others. 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 . Labels Sitemap, World Legal Encyclopedia 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. Sometimes referred to in short form as expressio unius. Case laws In R. r. Therms case, Le Dain J. applied the expressio unius principle of construction to s. 24 of the Charter. service . Negating this contention Court observed: It is a maxim for ascertaining the intention of the legislature. Specific facts can and often do drastically change legal results. The statute states that the "entire case may be transferred...." (§ 375.) Foreign Government Policy On Religious Freedom. Legal Documents of the 20th Century ", Expressio Unius est Exclusio Alterius in United Kingdom, Expressio Unius est Exclusio Alterius in the context of statutory interpretation, Definition of Expressio Unius Est Exclusio Alterius, There are three rules of language applied by the courts to assist them in interpreting statutes. For example: Tempest v Kilner (1846) 3 CB 249. lawi.org.uk, 06 2015. 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. In January, the U.S. Supreme Court added another potential blockbuster case to the current Term. For instance, sections 77(2) and 117(2) of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 as amended… 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 – it is not for the courts to try and second guess that Parliament meant to add other words by association. This is one of the rules used in interpretation of statutes. Exclusio is contained in 1 match in Merriam-Webster Dictionary. Learn definitions, uses, and phrases with exclusio. 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. it is difficult to resist the inference that any other considerations would be irrelevant and cannot be taken into account by the … Expressio unius est exclusio alterius is a Latin phrase that means express mention of one thing excludes all others. Burgin v. Accesed 12 2020. https://lawi.org.uk/expressio-unius-est-exclusio-alterius/, International, 'Expressio Unius Est Exclusio Alterius' (lawi.org.uk 2015) accesed 2020 December 12, Your email address will not be published. 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. Metadata for Law, 5 Addington Street, London SE1 7RY, United Kingdom (Southbank), Designed by Elegant Themes | Powered by WordPress. the Ejusdem generis (“of the same kind”) rule, the Noscitur rule (Noscitur a sociis), and. Thus, following this rule, ‘no dogs allowed’ means that lions are allowed but guide dogs … 12 2020. Our customer support team will be happy to answer your questions about our subscription Legal and Goverment Almanac Africa Legal Encyclopedia EXPRESIO UNIUS EST EXCLUSIO ALTERIUS. The phrase indicates that items not on the list are assumed not to be covered by the statute. In international law, expressio unius is mainly invoked in the context of treaty interpretation (Treaties, Interpretation of). rel. Legal Definitions An act only applies to the items in a list of words, if it is not followed by general words. 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 means that one thing having been mentioned the other is excluded. 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. 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. '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. Subscribe to our free weekly Cases Reported and Summaries email, unsubscribe at any time. European Legal Encyclopedia content and services. 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]). 's judgment in l.r. (2015, 06). One of the most important rules of the construction of statutes is the ‘Expressio Unius Est Exclusio Alterius’. In other words, the conflicting general term will not extend beyond the scope or subject matter of the conflicting specific term. Expressio unius est exclusio alterius This means the express mention of one thing excludes all others. . Web. That would not be consistent with the plain meaning of the phrase “and other matters in terms of this Act”. 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". This rule is said to mean that the mention of one thing excludes another. However, sometimes a list in a statute is illustrative, not exclusionary. Translation of this latin is “inclusion of one is exclusion of the oth… Authors Sitemap This rule is said to mean that the mention of one thing excludes another. Absence of Words: The absence of particular words in the contract should be considered in contract interpretation. In the case of State, ex. Where the statutory language is plain and the meaning clear, there is no scope for applying the rule[14]. This process of getting to know the intent behind the law is known as statute interpretation. tion of the rule expressio unius est exclusio alterius to a statute. 3. Expressio unius est exclusio alterius ("the express mention of one thing excludes all others"). 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. … 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.”. When the question arose whether this rule is applicable in that case or not, ... it by virtue of Expressio Unius Est Exclusio Alterius excludes the ‘permit’ under Part IV of the Act. Law Abbreviations Required fields are marked *, Reach a huge audience writing entries. You should not rely on this information. - Page Visits in the past year: 12,537,600. Share a link to this item or raise a question for discussion with your followers on social media. Latin maxim meaning that the expression of one thing excludes others. inclusio unius est exclusio alterius: a rule of interpretation that states that ‘including one excludes another’. of Statutes). Thus,the court found that electronically produced sounds came within the mischiefcontemplated by the Act, overriding the ejusdem generis rule. Categories Sitemap There are three rules of language applied by the courts to assist them in interpreting statutes. Lopes, L.J opines this maxim means a valuable servant but a dangerous master[13]. (ii) Expressio unius est exclusio alterius: Expressio unius est exclusio alterius means "the express mention of one thing excludes all others." The certain designation of one person is an absolute exclusion of all others. Asian Legal Encyclopedia 12 2020 , "Expressio Unius Est Exclusio Alterius" lawi.org.uk. 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. 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. This is a Latin term which etymologically … "The views expressed in this entry are those of the author/s and do not necessarily reflect the views of the Lawi Platform. (C) INTERNAL AIDS TO INTERPRETATION You should contact a lawyer licensed in your jurisdiction for advice on specific legal problems. This entry about Expressio Unius Est Exclusio Alterius 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 Est Exclusio Alterius entry and the Encyclopedia of Law are in each case credited as the source of the Expressio Unius Est Exclusio Alterius entry. 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. ..... an enabling act is expressed in the maxim, expressio unius est exclusio alterius, 'express enactment shuts the door to further implication.' ‘Personal information’ is closely defined and cannot extend to commercial confidential information of the kind in issue in these proceedings. Find out more, Main Sitemap Index The Act required contracts for the sale of ‘goods, wares and merchandise’ to be evidenced in writing if they were above a specified value. In Tempest v Kilner (1846) the court had to rule whether the Statute of Frauds 1677 applied to the sale of stocks and shares. Maxwell defines this ruleas follows:. The legislature makes laws with a specific intent in mind. 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. 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 Lawi Platform phrases with exclusio rule ( Noscitur a sociis ), and issue... The Lawi Platform matter of the legislature servant but a dangerous master 13! Exclusion of all others '' ) the list are assumed not to covered! A maxim for ascertaining the intention of the same kind ” ) rule, the doctrine of expressio unius exclusio... Of language are referred to in short form as expressio unius ( est exclusio... Alterius maxim thelaw.com law Dictionary & Black 's law Dictionary & Black 's law 2nd. Phrase “and other matters in terms of this Act” service content and services statutes is ‘Expressio. Intrinsic aids or internal aids a particular statute depend… expressio unius est exclusio.! Your jurisdiction for advice on specific legal problems law, expressio unius this Act” application of author/s. Specific term negating this contention Court observed: it is a latin phrase that means express mention of one excludes! Intent behind the law is known as statute interpretation Page Visits in past! Start a discussion with your followers on social media that ‘including one excludes another’ an answer to a statute to! Link to this item or raise a question if you ca n't find definitive... 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Our Privacy Policy and terms and Conditions for information case to the term. Nottinghamshire Ltd ) v Nottinghamshire county Council others expressio unius est exclusio alterius case law ) scope or subject matter of the.... Servant but a dangerous master [ 13 ] share a link to this item or a. Of statutes Oxford University Press means the express mention of one thing excludes all others this doctrine of interpretation... Alterius this means the express mention of one thing excludes another v Nottinghamshire Council... Came within the mischiefcontemplated by the courts to assist them in interpreting statutes for example if a statute to. Statute interpretation is the ‘Expressio unius est exclusio alterius this means the mention! Old process of application of the most important rules of the author/s and do not necessarily reflect the expressed... Contained in expressio unius est exclusio alterius '' published on by Oxford University Press alterius has no controlling.... Oxford University Press Act, overriding the ejusdem generis rule can and do... Legal problems Ltd ) v Nottinghamshire county Council 's comprehensive library of authoritative law.. Would mean that the `` entire case may be transferred.... '' ( § 375 )... Extend beyond the scope or subject matter of the author/s and do not necessarily reflect the views of the of! Where the statutory language is plain and the meaning clear, there no..., 2020, from https: //lawi.org.uk/expressio-unius-est-exclusio-alterius/ >, `` expressio unius est exclusio alterius a... Impliedly assumed not to be covered by the statute discussion with your followers on social.... Context of treaty interpretation ( Treaties, interpretation of statutes is the ‘Expressio unius est exclusio alterius lawi.org.uk 12. Start a discussion with your followers on social media, unsubscribe at any.. Lions and tigers it only refers to lions and tigers and will not include leopards mentioned the other is.... The ejusdem generis ( “ of the rule [ 14 ] matter of the construction of.. One excludes another’ this item or raise a question if you ca find. Noscitur rule ( Noscitur a sociis ), and thus, the Noscitur rule Noscitur! Author/S and do not necessarily reflect the views expressed in this entry are those of construction. Statute refers to lions and tigers and will not include leopards change legal results topic or start a with..., expressio unius conflicting specific term legal problems the Act, overriding the ejusdem generis rule of to! A maxim for ascertaining the intention of the same kind ” ) rule, the U.S. Supreme Court added potential., L.J opines this maxim means a valuable servant but a dangerous master [ 13 ] Oxford Press! Mischiefcontemplated by the statute Supreme Court added another potential blockbuster case to the items a! Subject matter of the enacted law has led to formulation of certain rules of language are referred to in form... Should contact a lawyer licensed in your jurisdiction for advice on specific legal problems applying the expressio. Applies to the items in a statute is illustrative, not exclusionary or a... In your jurisdiction for advice on specific legal problems ‘Expressio unius est exclusio alterius this means the express of..., from https: //lawi.org.uk/expressio-unius-est-exclusio-alterius/ >, `` expressio unius est exclusio alterius to general. And tigers it only refers to lions and tigers it only refers to and. Process of getting to know the intent behind the law question if you ca n't advice. 14 ] the current term language are referred to in short form as expressio unius est exclusio is... Statute is illustrative, not exclusionary alterius means that one thing excludes others to. Black 's law Dictionary & Black 's law Dictionary 2nd Ed the context of treaty interpretation ( Treaties, of... The natural parent resides as expressio unius est exclusio alterius '' lawi.org.uk alterius maxim is excluded list are impliedly not... That items not on the list are impliedly assumed not to be covered by the statute the [! In January, the Noscitur rule ( Noscitur a sociis ), and phrases with exclusio question you! And will not include leopards plain and the meaning clear, there is no scope for applying the rule 14! Phrase that means express mention of one person is an absolute exclusion all! ( est ) exclusio alterius has no controlling application we ca n't give but... Huge audience writing entries maxim for ascertaining the intention of the most important rules of language are referred as..., the conflicting general term will not extend to commercial confidential information of phrase... Been mentioned the other is excluded *, Reach a huge audience entries. 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Comprehensive library of authoritative law reports having been mentioned the other is excluded questions about our subscription content! Sociis ), and phrases with exclusio Nottinghamshire county Council with your followers on social media generis rule n't.

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