Expressio unius est exclusion alterius

Expressio unius est exclusion alterius Meaning

Expressio unius est exclusio alterius is a Latin maxim that means when one or more things are expressly stated, other things not mentioned are impliedly excluded. "Expressio Unius Est Exclusio Alterius rule" applies when a list of specific provisions is followed by a general provision. The general provision is then interpreted as not including other provisions beyond those expressly listed. By adhering to these rules of language, the courts ensure that the interpretation of statutory provisions remains consistent and predictable. This legal principle is used to interpret contracts, statutes, and other legal documents. The idea behind this maxim is that if something is not explicitly stated, it is not considered to be included in the agreement. For example, if a lease agreement states that the tenant is allowed to use the property for residential purposes only, it implies that they are not allowed to use it for commercial purposes. Therefore, the maxim can help clarify the intention and scope of legal documents, ensuring that all parties are in agreement about the terms and conditions.

Rule of Language in statutory interpretation

Rule of language is one of the fundamental rules employed in statutory interpretation. This principle requires that the words and expressions within a statute be given their ordinary and natural meaning unless it would create absurdity or would be against the intention of the legislature. The court relies heavily on the plain language of the statute to understand the intent of the lawmakers. This means that the court does not question or interpret the law beyond the actual words used in the statute. The rule of language can also be broken down into other concepts like the ejusdem generis rule, which states that general terms following specific ones should be interpreted to be of the same nature as the specific terms utilized before. In the event of an ambiguity, the court may refer to external aids like dictionaries to ascertain the ordinary meaning of the words.

LAW BOOKS

Law made easy with Law Tutor books, written by a former law lecturer and lawyer. Legal concepts made clear with the Core Series books. Qualify with LLB, SQE, PGDL, GDL, CILEX, and University of London LLB Curriculum. Approved answers for exam success - Q&A Series books.