Mandatory/Permissive Canon. Introduction: One of the most important rules of the construction of statutes is the ‘Expressio Unius Est Exclusio Alterius’. Mandatory words impose a duty; permissive words grant discretion. [1]If the words of the Statute are plain and its meaning is clear then there is no scope for applying the rule. Expressio Unius Est Exclusio Alterius. Translated, it means that the naming of one thing excludes others that might have been named but were not. Expressio Unius Est Exclusio Alterius expressio unius est exclusio alterius n [New Latin, the explicit mention of one (thing) is the exclusion of another]: a principle in statutory construction: when one or more things of a class are expressly mentioned others of the same class are excluded . This is a Latin term which etymologically means ‘Express Mention and Implied Exclusion’. This doctrine of contract interpretation is called Expressio Unius Est Exclusio Alterius. (6) The rule expressio unius est exclusio alterius (the inclusion of the one is the exclusion of the other): when a list of specific items is not followed by general words it is to be taken as exhaustive. Posted: September 26, 2019 / By: admin / In: STAAR | EOC Testing; This Latin phrase, used in the law, means “the expression of one thing is the exclusion of the other.” In other words, when certain things are specified in a law, an intention to exclude all others from its operation may be inferred. TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. For example, “weekends and public holidays” excludes ordinary weekdays. Translation of this latin is “inclusion of one is exclusion of the others.” Courts assume that if there is a list of items and an item was NOT included, then it should not be included. Construction on the principles contained in expressio unius est exclusio alterius Maxim. This rule applies when services are included in construction contracts. Another example is that, the inclusion of an expressions like, ‘notwithstanding anything contained in this section’ in the provision bars the possibility of inclusion of any other condition. Unintelligibility Canon. The expression of one thing implies the exclusion of others (expressio unius est exclusio alterius). This maxim is given to gauge the intent of the legislature. Expressio unius, exclusio alterius Latin maxim meaning that the expression of one thing excludes others. SYNTACTIC CANONS . The verb to include introduces examples, not an exhaustive list. That’s a bit of law latin, short for expressio unius est exclusio alterius. It translates to “the expression of one is the exclusion of all others.” If you get this concept you will understand how lawyers think and look at the world to a degree you have never achieved before. An unintelligible text is inoperative. Case laws. In R. r. Therms case, Le Dain J. applied the expressio unius principle of … It is generally used as a canon of construction of statutes or other legal documents, indicating that the express inclusion of one or more things of a particular type necessarily implies an intention to exclude others of that type. Whether or not that would be a good thing or not is a tougher call. Spread the loveYou can grab notes for other topics from here. The entire Latin phrase from which the shorthand comes is "Expressio unius est exclusio alterius." The doctrine of expressio unius is an attempt to formulate a broad pragmatic principle, but as my example shows, it is much too broad, and requires the person applying it to use her knowledge of context and her common sense. This is a form of reasoning sometimes known in the law as "expressio unius." For this reason, a doctrine like textualism can't be rescued by linguistic canons like expressio unius. Source: Merriam-Webster's Dictionary of Law ©1996. 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