Contract terms: the eiusdem generis rule

By Lindy Patterson2021-06-22T05:00:00

Lindy Patterson explains a key principle of contract interpretation, based on a presumption against the use of surplus words

Much is written about the general principles of contract interpretation and to what extent the judgments in Wood vs Capita and Arnold vs Britton have changed or been finessed these over the past few years.

There are, however, certain linguistic “rules” or guidelines to interpretation which, although secondary, can provide a useful starting point in interpreting a provision or a set of words. One of these is the eiusdem generis principle.

Eiusdem generis means “of the same kind or nature” and this may be relied upon in contract interpretation where there is a list of specific items followed by a wider description (note: never the reverse order).

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