“Ejusdem generis” is a Latin legal principle used in statutory interpretation to aid in understanding the meaning of ambiguous terms in a list or series. It means “of the same kind” or “of the same nature.” According to this principle, when a general term follows specific words that constitute a list of examples or categories, the general term is interpreted to include only items of the same kind as those specifically listed. In other words, it limits the scope of the general term to things that are similar in nature to the specific examples provided. Ejusdem generis helps prevent overly broad interpretations of statutes and ensures that the legislative intent is respected by constraining the meaning of general terms in line with the specific examples provided. This principle is commonly applied in legal contexts such as contract law, insurance contracts, and statutory interpretation.
(eh-youse-dem generous) v. adj. Latin for “of the same kind,” used to interpret loosely written statutes. Where a law lists specific classes of persons or things and then refers to them in general, the general statements only apply to the same kind of persons or things specifically listed. Example: If a law refers to automobiles, trucks, tractors, motorcycles and other motor-powered vehicles, “vehicles” would not include aeroplanes since the list was of land-based transportation.
‘Things of the same meta’. A principle of statutory interpretation guides the interpretation of passages like ‘tents, caravans and similar dwellings’. For example, ‘cats, dogs, and other pets’ probably excludes lions (as not being pets), but it is less clear whether ‘cats, dogs, and other animals’ would include lions. It may be necessary to infer this from the context of the passage. Certain conventions govern the application of ejusdem generis.
- There must be two or more specific items before the general term. This was stated formally in Allen v. Emmerson and others (1944), among other places. In general, in a clause like lions and other animals, the rule does not apply, and, unless it is clear from the context, dogs and cats would be included as being animals. On the other hand, dogs and cats would probably not be included in lions, tigers, leopards, and other animals if it were fairly clear that the clause refers to dangerous wild animals.
- Even if more than two items are specifically listed, they must be ejusdem generis among themselves for them to be ejusdem generis with the others. For example, lions, elephants, and other animals probably include dogs and cats, because lions and elephants do not themselves belong to a class that excludes dogs and cats.
A good example of the application of ejusdem generis is Evan v. Cross (1938), where it was held that road markings were not ejusdem generis with traffic signs.
However, the rule is not always applied, particularly where it would clearly conflict with the intentions of the legislature. For example, in Flack v. Baldry (1988), it was ruled that ownership of electric stun guns could be prohibited by the Firearms Act because electricity was a noxious liquid, gas or other thing.
Ejusdem generis is a Latin legal principle that translates to “of the same kind.” It is used to interpret unclear or ambiguous terms in statutes or contracts by construing them in light of the accompanying specific words or phrases.
Ejusdem generis works by applying a general term at the end of a list of specific items to the same class or category as the specific items listed. It assumes that the general term should be interpreted in a manner consistent with the specific terms that precede it.
Ejusdem generis is applied when interpreting statutes, contracts, or legal documents that contain a list of specific items followed by a general term. It helps to resolve ambiguity by limiting the scope of the general term to items of the same kind as those specifically listed.
An example of ejusdem generis is a provision stating, “No vehicles allowed in the park, including cars, trucks, and other motorised vehicles.” Here, the term “other motorized vehicles” would be interpreted to include only vehicles similar in nature to cars and trucks, such as motorcycles or golf carts.
The purpose of ejusdem generis is to prevent overly broad interpretations of general terms in legal documents and ensure that they are consistent with the specific terms that accompany them. It helps to maintain clarity and coherence in the interpretation of statutes and contracts.
Yes, there are limitations to the application of ejusdem generis. It is applied only when necessary to resolve ambiguity and should not be used to distort the plain meaning of words or disregard legislative intent.
Ejusdem generis and noscitur a sociis are both principles of statutory interpretation, but they are used in different contexts. Ejusdem generis applies when interpreting lists of specific items followed by a general term, while noscitur a sociis applies when interpreting words in context with other surrounding words.
Yes, ejusdem generis can be overridden by clear legislative intent. If the legislative history or context indicates a contrary intent, the court may deviate from the application of ejusdem generis to give effect to the legislature’s intended meaning.
Courts apply ejusdem generis by examining the specific terms preceding the general term in a list and determining whether they share common characteristics or fall within a particular category. They then interpret the general term accordingly to maintain consistency with the specific terms.
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This glossary post was last updated: 13th April, 2024.
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