Rules of language are common senserules that have been developedovertime.
How do judges use the rule of language?
There are rules that allow judges to look at other words in the Act in order to make the meanings of the words and phrases clear.
What does 'ejusdemgeneris' mean?
of the samekind
Where does ejusdemgeneris apply?
It applies where a list of specificwords is followed by general words and means that the generalwords must be of the samekind as the specificwords.
An example of ejusdemgeneris being applied
if an Act uses the phrase “dogs, cats and otheranimals”, the “otheranimals” would include other domesticanimals and not wild animals as cats and dogsindicatesdomesticpets.
What case was the Act regulating betting concerned with?
Powell v Kempton Park
In Powell v KemptonPark, what was the act concerned with?
the ‘otherplaces’ must be indoorplaces as well and could not therefore include betting in the open air on the racecourse itself.
What did the act regulatingbetting refer to?
house, office, room or otherplace - all are indoor places
What does expressionunius est exclusion alterius mean?
the ‘express meaning of one thing implies the exclusion of another’
If an Act specifically mentioned Labrador dogs, what dogs would it not mean?
other breeds of dogs
What case was a section of an act included the words "goods, wares and merchandise" concerned with?
Tempest v Kilner
What was held in Tempest v Kilner?
it was held the section could not apply to stocks and shares as they had not been included in the list.
what does 'noscitur a sociis' mean?
‘a word draws a meaning from other words around it’
What is 'noscitur a sociis' also sometimes known as?
the context rule.
What does the context rule mean?
This means that the words must be looked at in context and interpreted accordingly; it involves looking at other words in the same section or at other sections in the Act.
Which case was a section of an Act referred to "interest annuities or other annual interests." concerned with?
Inland Revenue v Frere
Because the reference to “other annual interest the court decided that the first use of interest must be restricted to annual interest and would not apply to weekly or monthly interest.