Ejusdem Generis: It Is Known by the Company It Keeps
Despite its ancient origins, recent Commercial Division decisions illustrate how the flexible canon of ejusdem generis continues to shape the interpretation of modern contracts, as well as statutes, frequently serving as a limiting principle on a litigant's expansive interpretation of a contract's or statute's catch-all phrase. Thomas J. Hall and Judith A. Archer explore the term in this edition of their Commercial Division Update.
October 14, 2021 at 12:00 PM
9 minute read
Ejusdem generis, or literally "of the same kind or class," is a long-standing principle of both contract and statutory interpretation. It provides that, where a general word or phrase follows a list of specific terms, the general word will be interpreted to include only items of a similar nature to the terms specified. Ejusdem generis, Black's Law Dictionary (11th ed. 2019); see also People v. Illardo, 48 N.Y.2d 408 (1979) ("In the vernacular, it is known by the company it keeps."). English courts have employed this interpretive canon since the 16th century, and New York courts have done so in the post-revolutionary period. See Archbishop of Canterbury's Case, 2 Co. Rep. 46a, 76 Eng. Rep. 519 (1596); Neilson v. Columbian Ins. Co., 3 Cai. R. 108, n. b (N.Y. Sup. Ct. 1805).
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