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Chapter 1

Eiusdem generis

General words mean the same kind of thing as the specific words they follow.

Illustration 5 – Eiusdem generis

POWELL v KEMPTON PARK RACECOURSE CO 1899

Facts:

Section 1 of the Betting Act 1853 prohibited betting in a ‘house, office, room or
other place’. The issue was whether a ring at a racecourse was an ‘other place’
for the purposes of this statute.

Held:

The Lords decided that if the eiusdem generis rule was applied, the specific
words such as ‘room’ and ‘office’ that preceded the general phrase ‘or other
place’ created a class of indoor places. As a ring on a racecourse was outside it
would not fall within this category. Therefore the Act did not apply to restrict
gambling here.

Expressio unius exclusio alterius

Where a statute seeks to establish a list of what is covered by its provisions, then
anything not expressly included in that list is specifically excluded.

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