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