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Jun 22
The ejusdem generis rule is a principle of statutory interpretation that states when a general term follows a list of specific terms in a statute, the general term should be interpreted to include only things of the same kind as those specifically listed. In other words, the general term is limited to items that are similar in nature to the specific items listed. This rule helps to ensure that the intent of the legislature is followed and that the statute is interpreted in a way that is consistent with that intent.
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Google Gemini AI
Jun 22
Ejusdem Generis Rule
The ejusdem generis (Latin for "of the same kind") rule is a rule of legal interpretation that states that when a general term is used in a list following specific terms, the general term is interpreted to refer only to things of the same kind as the specific terms.
How it Works:
- If a statute or contract lists specific things and then includes a general term, such as "and other things of the same kind," the general term is limited to things that are similar to the specific terms.
- The specific terms act as a guide to the scope of the general term.
- The general term cannot be interpreted to include things that are entirely different from the specific terms.
Example:
"The premises shall not be used for commercial, industrial, or other similar purposes."
Under the ejusdem generis rule, the term "other similar purposes" would be limited to purposes that are similar to commercial and industrial purposes, such as manufacturing, warehousing, or storage. It would not include unrelated purposes, such as residential or recreational use.
Exceptions:
There are some exceptions to the ejusdem generis rule:
- When the general term is clearly intended to have a broader meaning than the specific terms.
- When the specific terms are not sufficiently narrow to limit the general term.
- When the meaning of the general term is ambiguous and the specific terms provide no guidance.
Reasons for the Rule:
The ejusdem generis rule is used to:
- Prevent the general term from being interpreted too broadly.
- Ensure that the parties to a contract or the legislature have clearly expressed their intent.
- Promote consistency in legal interpretation.
The ejusdem generis (Latin for "of the same kind") rule is a rule of legal interpretation that states that when a general term is used in a list following specific terms, the general term is interpreted to refer only to things of the same kind as the specific terms.
How it Works:
- If a statute or contract lists specific things and then includes a general term, such as "and other things of the same kind," the general term is limited to things that are similar to the specific terms.
- The specific terms act as a guide to the scope of the general term.
- The general term cannot be interpreted to include things that are entirely different from the specific terms.
Example:
"The premises shall not be used for commercial, industrial, or other similar purposes."
Under the ejusdem generis rule, the term "other similar purposes" would be limited to purposes that are similar to commercial and industrial purposes, such as manufacturing, warehousing, or storage. It would not include unrelated purposes, such as residential or recreational use.
Exceptions:
There are some exceptions to the ejusdem generis rule:
- When the general term is clearly intended to have a broader meaning than the specific terms.
- When the specific terms are not sufficiently narrow to limit the general term.
- When the meaning of the general term is ambiguous and the specific terms provide no guidance.
Reasons for the Rule:
The ejusdem generis rule is used to:
- Prevent the general term from being interpreted too broadly.
- Ensure that the parties to a contract or the legislature have clearly expressed their intent.
- Promote consistency in legal interpretation.
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