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