rules of language

• What are the rules of language? What are they used for?

  instructions for how to read words depending how the sentence has been constructed
• What are the 3 rules of language?

  • Ejusdem generis
  • Expressio unius est exclusio alterius
  • Noscitur a sociis
• What is the ejusdem generis rule?

  In a list of specific items, any general terms that follow the list shall be taken as meaning things of the same kind (if a list has "and other" its probs this rule)
• give the case example for ejusdem generis

  powell v kempton park racecourse co 1899
• explain this case

  • the betting act 1853 prohibited a "house, office, room or other place" for betting (suggesting indoor location)
  • defendant had betting outside
  • decided this wasn't within term of "other places" so was not guilty
• What is the expressio unius exclusio alterius rule?

  where there is a list of words NOT followed by general words (act only applies to items in the list)
• what are the case examples for this rule?

  • Sedgley inhabitants 1832
  • Tempest v Kilner 1846
• explain sedgley inhabitants


  • taxes imposed on occupiers of "land, houses & coal mines"
  • held that this didn't include any other types of mines
• explain Tempest v Kilner 1846


  • phrase "goods, wares and merchandise" didn't include stocks & shares
• What is the Noscitur A Sociis rule?

  words must be looked at in context which involves looking at other words in the same sections OR other sections of the act to draw its overall meaning
• what are the case examples for this rule?

  • R v Harris 1836
  • Muir v Keay 1875
• explain R v Harris

  • D charged with "stabbed, cut or wounded another" which implied use of a weapon
  • D bit off friend's nose with her teeth
  • Courts said teeth weren't a weapon so D not guilty
• explain Muir v keay

  • statute dealt w/ licenses for "public refreshment, resort & entertainment"
  • D said he wasn't providing entertainment in his cafe so didn't need license
  • court said entertainment didn't just mean "musical" but also "reception & accommodation of people"