Rules of Language

When courts interpret statutes and contracts, they often rely on established rules of language to clarify the meaning of ambiguous terms and ensure that legal documents are understood as intended. These rules help judges and legal practitioners deduce the proper application of the law or the intent of contractual provisions. The three primary rules of language used in legal interpretation are ejusdem generis, expressio unius est exclusio alterius, and noscitur a sociis.

Ejusdem Generis
Ejusdem generis, which means "of the same kind" in Latin, is a rule used to interpret general words that follow specific ones in a list. According to this rule, when a general term follows a list of specific items, the general term is understood to include only items of the same type as the specific ones listed.

In statutory interpretation, if a law mentions "cars, trucks, motorcycles, and other vehicles", the term "other vehicles" would be interpreted to include vehicles similar to cars, trucks, and motorcycles, such as scooters or vans, but not airplanes or boats, which are fundamentally different.

In the case of Powell v Kempton Park Racecourse (1899), the court used the ejusdem generis rule to determine that the term "other places" in a statute that listed "house, office, room or other place" for betting purposes did not include outdoor betting rings, as the specific terms listed referred to indoor places.

Expressio Unius Est Exclusio Alterius
Expressio unius est exclusio alterius, Latin for "the expression of one thing is the exclusion of another", is a rule stating that if specific items are listed in a statute or contract, items not listed are assumed to be excluded.

If a law specifies "cats and dogs" in a regulation about pet licenses, it implies that animals not mentioned, such as birds or reptiles, are not covered by the regulation. This rule helps narrow down the scope of general terms to only include the explicitly mentioned items.

In Tempest v Kilner (1846), the court applied this rule to a statute concerning the sale of "goods, wares, and merchandise". The court held that the term did not include stocks and shares because they were not expressly mentioned in the statute.

Noscitur A Sociis
Noscitur a sociis, meaning "it is known by its associates" in Latin, is a rule stating that the meaning of a word can be determined by the words surrounding it. This principle suggests that words should be interpreted in the context of the entire phrase or sentence.

If a statute refers to "property, houses, and estates", the term "property" would be interpreted in the context of real estate rather than personal property, as "houses" and "estates" suggest a real estate context.

In Muir v Keay (1875), the court used noscitur a sociis to interpret the phrase "entertainment" in a statute. The court concluded that "entertainment" included not only theatrical performances but also cafes and public houses, as these were similar types of venues mentioned in the same context.

In summary, these three rules of language are essential tools for courts in interpreting statutes and contracts. They help clarify ambiguous terms, ensure consistency in legal interpretation, and align the understanding of legal texts with the intended scope and context. By applying these principles, judges can provide more precise and just rulings, contributing to a fairer and more predictable legal system.

Back to blog

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.