Rules of Language

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  • Created by: Katie
  • Created on: 04-01-13 14:52
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  • Rules of Language
    • Expressio unius exclusio alterius
      • Tempest v Kilner
        • Court had to decide whether a contract, necessary for the sale of 'goods, wares and merchandise' would be needed for the sale of 'stock and shares', because they were not mentioned in the statute, they were not caught by it.
      • The mention of one thing excludes another
    • Ejusdem generis
      • General words following specific words are limited to the 'same kind' as the specific words
      • Powell v Kempton Park Racecourse
        • It was illegal to keep a 'house, office room or other place' for betting. As Tattersalls was 'outside', D was not guilty
      • Allen v Emerson
        • Court interpreted 'Theaters and other places of amusement' to include funfairs even though they are not strictly the 'same type' as theaters.
    • Noscitur a sociis
      • A word is known by the company it keeps
      • Bromley LBC v GLC
        • The Greater London Council adopted the 'Fares fair' scheme to make tube fares cheaper. The word 'economic' in the act suggested that the system should be run to make a profit so the cheap fares scheme was not lawful as they would have made a loss

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