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ejusdem generis

Last modified: Thu Feb 23 16:37:37 2006

`Things of the same type'. A principle of StatutoryInterpretation that guides the interpretation of passages like `tents, caravans and similar dwellings'. For example, `cats, dogs, and other pets' probably excludes lions (as not being pets), but it is less clear whether `cats, dogs, and other animals' would include lions. It may be necessary to infer this from the context of the passage. Certain conventions govern the application of ejusdem generis.

• There must be two or more specific items before the general term. This was stated formally in AllenVEmmersonAndOthers1944, among other places. In general, in a clause like ``lions and other animals'' the rule does not apply and, unless it is clear from the context, dogs and cats would be included as being ``animals''. On the other hand, dogs and cats would probably not be included in ``lions, tigers, leopards, and other animals'' if it is fairly clear that the clause refers to dangerous wild animals.
• Even if more than two items are specifically listed, they must be ejusdem generis among themselves for them to be ejusdem generis with the others. For example, ``lions, elephants, and other animals'' probably includes dogs and cats, because lions and elephants do not themselves belong to a class that exlcudes dogs and cats.

A good example of the application of ejusdem generis is EvanVCross1938, where it was held that road markings were not ejusdem generis with traffic signs.

However, the rule is not always applied, particularly where it would clearly conflict with the intentions of the legislature. For example, in FlackVBaldry1988 it was ruled that ownership of electric stun guns could be prohibited by the Firearms Act, because electricity was a ``noxious liquid, gas or other thing''.

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