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RULES OF LANGUAGE

jessicajoydonogh Inglês

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RULES OF LANGUAGE

  1. EJUSDEM GENERIS

    • In a list, general words that follow specific words that are limited to the same type as the specific ones. For example, if an act uses 'Cats, Dogs & other animals' the other animals would include domesticated animals not wild animals.
      • In Re Stockport Ragged, Industrial & Reformatory Schools 1898 the courts considered the phrase 'cathedral, collegiate, chapter & other schools.' It was decided the 'Other schools' has to be limited to schools of the same kind as those in the list which where all religious school.
    • In Powell V Kempton Park Racecourse 1899 the court concluded that 'house, office, room or other places for betting' could not include open-air betting on the race course itself as all the places involved in the list were all indoors.
  2. EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS

    • Express mention of one thing implies the exclusion of another. If an act specifically refers to labrador dogs it would not include other breeds.
    • In Tempest V Kilner 1864 where a section of an act included the words 'goods, wares & merchandise' it was held that this section could not apply to stocks & shares.
      • In R V Inhabitants of Sedgely 1831, when the act referred to 'coal mines' it could only mean coal mines.
  3. NOSCITUR A SOCIIS

    • A word that draws meaning from the words around it.
      • In Inland Revenue Commissioners V Frere 1965, a section of an Act referred to 'interest, annuities or other annual interest, the court decided that the first use of 'interest' must be restricted to annual interest and not monthly or daily interest.
        • In Bromley V GLC the Act stated that the meaning of 'economic' meant that London transport system has to be run on business lines & not subsided by local tax payers.

Informações

Descrição
Three rules of language from the UK AQA AS Unit 1 syllabus.
Criado por
jessicajoydonogh · abr 2014
Atualizado
6 abr 2018
Visualizações
98
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