What is the difference between Ejusdem generis and Noscitur a Sociis?
In Latin Ejusdem generis means’of the same kind’ and Noscitur means ‘recognised by its partners’. Ejusdem generis is used for interpreting loosely written statutes legislation and Noscitur a sociis is used for interpreting questionable words in statutes. The meaning of ‘Ejusdem Generis’ is ‘of the same kind’.
What is Ejusdem generis rule in law?
The term Ejusdem Generis in other words means words of a similar class. The rule is that where particular words have a common characteristic (i.e. of a class) any general words that follow should be construed as referring generally to that class; no wider construction should be afforded.
What is an example of Noscitur a Sociis?
Here the defendant used a cloth bag. The courts had to consider whether a cloth bag was within the definition. Under noscitur a sociis, it was held that the bag could not have been within the statutory definition, because parliament’s intention was referring to a case or container of the same strength as a canister.
What is Noscitur a Sociis rule?
Legal Definition of 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 harmonious construction rule?
Harmonious construction is a principle of statutory interpretation used in the Indian legal system. It holds that when two provisions of a legal text seem to conflict, they should be interpreted so that each has a separate effect and neither is redundant or nullified.
What is Heydon’s rule?
The Mischief Rule. Mischief Rule was originated in Heydon’s case in 1584. It is the rule of purposive construction because the purpose of this statute is most important while applying this rule. It is known as Heydon’s rule because it was given by Lord Poke in Heydon’s case in 1584.
What is rule of reasonable construction?
Reasonable Construction A provision of law cannot be so interpreted where it is made without using common sense. Every word or expression used in an act should receive its natural and fair meaning which was made in accordance with the legislator.
What is Ejusdem generis in interpretation of statutes?
Ejusdem Generis is a Latin term which means “of the same kind,” it is 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.
What is an example of an ejusdem generis?
For example: if a law refers to automobiles, trucks, tractors, motorcycles and other motor-powered vehicles, “vehicles” would not include airplanes, since the list was of land-based transportation. The term ‘Ejusdem Generis’ in other words means words of a similar class.
When does the rule of ejusdem generis come into play?
It is only when generic words follow the more specific that the rule of ejusdem generis comes into play and not when the specific words follow a general term.
Does the ejusdem generis principle of construction apply to this agreement?
ejusdem generis principle of construction shall not apply to this Agreement. Accordingly, any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
Is the rule of ejusdem generis a dangerous yardstick?
It may however be said that since the class of enumeration may often be an artificial creation the rule of ejusdem generis is at times described as a dangerous yardstick with which measure the legislative intent, requiring caution in its application. The doctrine of ejusdem generis should not be invoked;