What is the meaning of the maxim Ejusdem generis?
What is the meaning of the maxim Ejusdem generis?
“of the same kind
Ejusdem generis (ee-joose-dem gen-ris) is a Latin phrase that means “of the same kind.” The statutory and constitutional construction principle of “ejusdem generis” states that where general words or phrases follow a number of specific words or phrases, the general words are specifically construed as limited and apply …
Is Ejusdem generis a maxim?
Ejusdem generis: a facet of noscitur a sociis “Noscitur a sociis” is a Latin maxim which means that “the term in a statute is to be recognized by the associated words”.
What is the Eiusdem generis rule?
The eiusdem generis rule applies. when there is a clearly ascertainable class or category or genus, at least. two particular words, having a common characteristic or quality, or. common and dominant feature, followed by general words which on their. own are not clear and unambiguous words.5.
What is meant by rule of ejusdem generis and its conditions and limitations?
Ejusdem Generis rule is explained in HALSBURY’S LAWS OF ENGLAND thus: ‘As a rule, where in a statute there are general words following particular and specific words, the general words must be confined to things of the same kind as those specified, although this, as a rule of construction, must be applied with caution.
What is Ejusdem generis India?
Legal Profession Ejusdem generis means “of the same kind” and is more restricted than the word analogous. It is for application in the construction of statutes. In the instant article the doctrine has been comprehended by applying it to Section 364-A of the Indian Penal Code.
How do you use Ejusdem generis in a sentence?
The ejusdem generis rule is intended to guard against accidental omissions and it cannot be a cure for poor or inadequate drafting. According to many authors in the literature, a treaty shall be interpreted through application of the principle of ejusdem generis.
Does Ejusdem generis apply to contracts?
The parties may well have realised the applicability of the rule, (that is the ejusdem generis rule) to such contracts and they insert these words “of what kind soever” simply for the purpose of excluding that rule of construction.
What is Ejusdem generis rule in statutory interpretation?
Ejusdem generis, or literally “of the same kind or class,” is a long-standing principle of both contract and statutory interpretation. It provides that, where a general word or phrase follows a list of specific terms, the general word will be interpreted to include only items of a similar nature to the terms specified.
When can the Eiusdem generis rule be applied?
The court applied the ejusdem generis rule (it means “of the same type”) and found that the general words “any other event” following the specific words take their meaning from the specific words.
What is the meaning of the maxim Noscitur a Sociis?
: a doctrine or rule of construction: the meaning of an unclear or ambiguous word (as in a statute or contract) should be determined by considering the words with which it is associated in the context.
What is rule of Noscitur a Sociis?
The principle of Noscitur a Sociis is a rule of construction. It is one of the rules of language used by court to interpret legislation. This means that, the meaning of an unclear word or phrase should be determined by the words immediately surrounding it.