Legal Maxims

It is important to remember that these rules are secondary aids, and therefore used only within the context of our understanding of the provision as a whole. They are merely rules of grammar and a judge does NOT have to apply these rules if he or she believes the wording of the Act does not justify their use.

Expressio Unius est Exclusio Alterius:
‘The inclusion of one thing is the exclusion of others. If the legislation produces a list of items then it is logical that other items are specifically excluded.

For example; ‘guide dogs allowed’ specifically excludes any other type of dogs

Ejusdem Generis:
‘Where general words follow a list of specific words then the general words must be read according to the genus of the preceding specific words’

For example; a goldfish could not be considered to be in the same class as ‘Lions, tigers, giraffes and other animals’ as it does not fall into the same grouping or genus.

Noscitur a Sociis:
‘a word is known by...