Maxim 10.5.1
The expression of one thing is the exclusion of another.
Expressio unius est exclusio alterius.
Source: Co. Litt. 210a; Broom, Max. 596; Wharton, Max. no. 169; Pearson v. Lord, 6 Mass. 81, 84; Weisman, 43b; Weisman, 95ll; Weisman, 98a
Difficulty 1/5 — Foundational
Explanation
When a law or instrument names particular things, the omission of others is deliberate; what is not included is excluded by the act of specifying.
Where this applies
- The law lists specific items and doesn't mention mine — does that mean mine is excluded.
- The contract names three things explicitly and mine isn't one of them.
- By naming certain things, the law deliberately left out everything else.
Legal domains
See also
Cite this maxim
NeCede Max. 10.5.1 — The expression of one thing is the exclusion of another. — Co. Litt. 210a; Broom, Max. 596; Wharton, Max. no. 169; Pearson v. Lord, 6 Mass. 81, 84; Weisman, 43b; Weisman, 95ll; Weisman, 98a (Expressio unius est exclusio alterius.)
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