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NeCede's

Maxim 10.6.1

A general residuary clause does not comprehend things which are not of the same kind as those specifically enumerated.

Clausula generalis de residuo non ea complectitur quae non ejusdem sint generis cum iis quae speciatim dicta fuerint.

Source: Lofft 419; Broom, Max.; Wharton, Max. Difficulty 2/5 — Approachable

Explanation

This is the *ejusdem generis* rule: when specific items are listed followed by a general term, the general term is limited to things of the same kind as those specifically named.

Where this applies

  • The statute lists specific types of vehicles and then says 'and other similar vehicles' — does that include boats.
  • A general term following a list of specific items should be limited to the same kind of thing.
  • The residuary clause should only cover things of the same class as those specifically named.

Topics

Construction of Statutes

Legal domains

interpretation

See also

Cite this maxim

NeCede Max. 10.6.1 — A general residuary clause does not comprehend things which are not of the same kind as those specifically enumerated. — Lofft 419; Broom, Max.; Wharton, Max. (Clausula generalis de residuo non ea complectitur quae non ejusdem sint generis cum iis quae speciatim dicta fuerint.)

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