A maxim more generally expressed in the form expressio unius est exclusio alterius q. Statutory interpretation 12 expressio unius est exclusio alterius the inclusion of certain items implies the exclusion of others. As the maxim is applied to statutory interpretation, where a form of conduct. Expressio unius est exclusio alterius freedom school. A canon of legal instrument construction according to which. This latin phrase, used in the law, means the expression of one thing is the exclusion of the other. The expression of one thing implies the exclusion of others expressio unius est exclusio alterius. Expressio unius est exclusio alterius the express mention of one thing excludes all others, or expression of one items not on the list are impliedly assumed not to be covered by the statute or a contract term. Expressio unius est exclusio alteriusexpress mention and implied exclusion and noscitur asociis associated words 1. In other words, when certain things are specified in a law, an intention to exclude all others from its operation may be inferred.
That is, a matter not covered is to be treated as not covered. Statutory interpretation is the process by which courts interpret and apply legislation. Expressio unius est exclusio alterius sortby old court. Under the terms of the licence agreement, an individual user may print out a pdf of a single entry from a reference work in or for personal use for details see. The maxim expressio unius est exclusio alterius applies in the construction of the statutes, so that where a law expressly describes a particular act, thing or person to which it shall apply, an irrefutable inference must be drawn that what is omitted or not. History and etymology for expressio unius est exclusio alterius. Latin legal maxim that makes the point that where a statute, contract or other legal document includes a list of items falling into a category, the inclusion of certain items on that list should be presumed to mean that any excluded items are. Expressio unius est exclusio alterius law student aide. For instance, sections 772 and 1172 of the constitution of the federal republic of nigeria cfrn 1999 as amended.
Interpretation, rules and principles of statutory oxford reference. Clifton williams, expressio unius est exclusio alterius, 15 marq. The rule that the expression of one thing is the exclusion of another, is in direct contradiction to the habits of speech of most persons. Relative or qualifying words and phrases, where no contrary intention appears, are. General terms are to be given their general meaning generalia verba sunt generaliter intelligenda. At the simplest level, the views have been contrasted as being either classical or modern, static or.
Expressio unius persona vel rei, est exclusio alterius definition of expressio unius persona vel rei, est exclusio alterius the express mention of one person or thing is the exclusion of another browse you might be interested in these references tools. Expressio unius legal definition of expressio unius. Construction on the principles contained in expressio unius est exclusio alterius maxim. This page was last edited on 30 january 2020, at 12. Expressio unius est exclusio alterius the express mention of one thing excludes all others. For this reason, the rule must be applied with extreme caution. In rylands brothers aust ltd v morgan 1 where his honour noted that the expressio unius maxim must always be applied with caution and only in appropriate cases 2 and adopted the reasoning in colquhoun v brooks 3 where it was stated that. Expressio unius est exclusio alterius zimbabwe legal.
When a matter is clearly provided in a document, the clear and precise meaning is to be adopted. When a statute includes a list of specific items, that list is presumed to be exclusive. This form of construction is used while interpreting statutes, contracts and deeds. The simplest way to explain the difference is this plus one more for bonus. Expressio unius est exclusio alterius interpretation of. Expressio unius est exclusio alterius legal definition. Supreme court of the united states encino motorcars, llc, petitioner, v. Expressio unius est exclusio alterius legal definition merriam. Avoid creating coexisting autonomous regions comment are noscitur a sociis, ejusdem generis, and expressio unius est. We cite this case only for the purpose of showing that the rule has been carried into the private contract field.
Moreover, arbitration is an inappropriate forum for the resolution of erisa. Expressio unius est exclusio alterius clearly applies. What is the difference between ejusdem generis and. Thus, following this rule, no dogs allowed means that lions are allowed but guide dogs are excluded. Published 1856 in interpreting a statute a court should always turn to one cardinal canon before all others. Orsinger board certified in family law and civil appellate law texas board of legal specialization i. Literally to express one thing is to exclude another. Expressio unius est exclusio alterius law and legal definition.
Defined term means xxxxxxx and includes a, b, c, and d. When something is mentioned expressly in a statute it leads to the. Resourcedescription expressio unius persona vel rei, est exclusio alterius in the dictionaries. Views on how courts should interpret contracts vary widely.
The phrase indicates that items not on the list are assumed not to be covered by the statute. The maxim expressio unius est exclusio alterius means. The legal concept is that if the legislature mentions specifically mentions only certain items from a larger class of items, it meant to include only the items. Expressio unius est exclusio alterius law and legal. New latin, the explicit mention of one thing is the exclusion of another. Although the doctrine is useful in determining the extents of contracts, it is also an important principle in the construction of statutes.
At the simplest level, the views have been contrasted as being either classical or. This is one of the rules used in interpretation of statutes. Latin, a legal maxim meaning the expression of one thing is to exclude another. Translation memories are created by human, but computer aligned, which might cause mistakes. Hey guys this vedio calls about expressio unius est exclusio alterius and reddendo singula singulis rule of construction.
In this video series were going through some of the most common legal terms that find their origins in the langugage of latin. Expressio unius est exclusio alterius is a latin phrase that means express mention of one thing excludes all others. Combined pdf foreign investment, indigenous communities and the constitutional protection of. Inclusio unius est exclusio alterius technology and ip. Expressio unius est exclusio alterius expressio unius est exclusio alterius n new latin, the explicit mention of one thing is the exclusion of another. Both those are terms of legal doctrine related to statutory interpretation of laws and also of the construction of contractual documents. Expressio unius est exclusio alterius express mention of one thing excludes all others.
Expressio unius est exclusio alterius the express mention of one thing. Expressio unius est exclusio alterius texas parents. Legal definition of expressio unius est exclusio alterius. Authority it may appear that only the proper authority is allowed to make law. Definition of expresio unius est exclusio alterius law. Expressio unius est exclusio alterius eudict latinenglish. Important maxims related to interpretation of statutes. The court repudiated this contention by stating that the enumeration of the requirements in the statute excluded all others not enumerated see middle of page 294. Under the principle of expressio unius est exclusio alterius, arbitration is statutorily disfavored.
Implicit in the mothers argument is that this is a clear case for application of the maxim expressio unius est exclusio alterius that is, the expression of some things in a statute necessarily means the exclusion of other things not expressed. Expressum facit cessare tacitum is a legal maxim that means what is expressed makes what is implied silent. Expressio unius est exclusio alterius oxford reference. Court of appeals this opinion is uncorrected and subject. Expressio unius est exclusio alterius semantic scholar. A law dictionary,adapted to the constitution and laws of the united states.
Fellmeth, maurice horwitz the express statement of one is the exclusion of the other. This rule suggests that if the legislature left something out, it intended to do so since if it had wanted to include something it would have expressly set it out. In pari delicto mellor est conditio possidentis logan v sibiya 2002 1 531 h ut res magis valet quam pereat. Expressio unius est exclusio alterius legal definition of. Spread the loveyou can grab notes for other topics from here. Pdf principio expressio unius est exclusio alterius en. However, sometimes a list in a statute is illustrative, not exclusionary. This maxim is given to gauge the intent of the legislature. Expressum facit cessare tacitum law and legal definition. This is a plain application of the rule expressio unius est exclusio alterius to a. The legal definition of expressio unius est exclusio alterius is latin.
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