Flashcards
Rules of language
Cards in this deck (3)
- 1Rules of languageRules to aid interpreting certain formats of work. If the particular format is not used then the rule has no relevance. They have Latin names.
- 2Ejusdem generis rule (general rule) - Where a list of words in a statute is followed by general words, then the general words are limited to the same kind of items as those in the list. (There must be at least 2 specific words in a list before the general words for this rule to operate). Powell v Kempton Park Racecourse = D was charged with keeping a 'house, office, room or other place for betting'. He had been operating betting outside a racecourse. The court decided that the general words 'other place' had to refer to indoor places since all the words in the list were indoor places and so D was not guilty.Noscitur a sociis rule (context rule) - Rule that a word is known by the company it keeps. This means that a word takes on meaning from other words around it. It involves looking at other words in the same section or at other sections in the statute. Bromley London Borough Council v Greater London Council = Issue was whether the GLC could operate a cheap fare scheme on their transport systems, where the amounts being charged meant that the transport system would run at a loss. The decision in the case revolved around the meaning of the word 'economic'. The court looked at the whole statute and, in particular, at another section which imposed a duty to make up any shortfall as far as possible. As a result they decided that 'economic' meant being run on business lines and so ruled that the cheap fares policy was unlawful so liable.
- 3Expressio unius exclusion alterius rule (specific rule) - Where there is a list of words which is not followed by general words, then the statute applies only to the items in the list. The expression of one excludes another. Tempest v Kelner = Held that the phrase 'goods, wares and merchandise' in a statute did not cover stocks and shares.
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- A level Law Flashcards on Rules of language, created by Chloe Green on 28/03/2017.
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- Chloe Green
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